Regency Coop Savings & Credit Society Limited v Coop Holdings Coop Society Limited & 6 others [2024] KECPT 238 (KLR)

Regency Coop Savings & Credit Society Limited v Coop Holdings Coop Society Limited & 6 others (Tribunal Case 431 of 2016) [2024] KECPT 238 (KLR) (7 March 2024) (Ruling)

Neutral citation: [2024] KECPT 238 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 431 of 2016

BM Kimemia, Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

March 7, 2024

Between

Regency Coop Savings & Credit Society Limited

Claimant

and

Coop Holdings Coop Society Limited

1st Respondent

Mary Wanjiru Kihugu

2nd Respondent

John Mbugua Njenga

3rd Respondent

Lucy Gicuku Maina

4th Respondent

Francis Kimani

5th Respondent

David Githinji Wanjohi

6th Respondent

Mary Jesire Kipyegon

7th Respondent

Ruling

1. The Claimant’s Bill of costs herein dated September 8, 2022 filed on November 28, 2022 is before us for determination.

Determination I.Instruction fees: i.The claimant has stated the value of the subject matter as Kshs. 22,718,542/= and charged instruction fees at Kshs. 850,000/=.

2We differ with the respondent and state the ascertainable value of the subject matter as follows:General damages Kshs. 2,000,000/=Dividend refund 2009-2014 Kshs. 1,015,851/=Dividend for 2015 Kshs. 574,283/=Total Kshs. 3,590,134/=.

3If dividends were proved as declared in respect to the years 2016-2020, nothing would have been easier for this tribunal than to declare the payable amounts as it did for the year 2015. The use of the words “purportedly due to the 2nd, 3rd 4th 5th 6th and 7th respondents held in the respondent society to the Claimant” do not connote certainty, as at the date of the Tribunal’s decision.

4On account the ascertained value and other considerations such as the fairly complex nature and importance of the proceeding, the Counter- Claim. We exercise our discretion and tax the instruction fees at Kshs. 300,000/= in terms of clause 3 of Part A of schedule II of the Advocate’s Remuneration Order 2014.

ii.Item 3, 4, 55 and 82 on the Bill of Costs are declined for the reason that the same are included in the instruction fees, in terms of clause 5 of Part A of schedule II of the Advocate’s Remuneration Order 2014.

iii.Further drawing and/or perusing charges under items numbered 6,8,16,17,18,20,21,22,23, 25, 26,31,32,33,36,38,39,483,45,46,47,48,49,50,53,54,58,60,63,66,68,69,72,78,80,81,86,87 and 90 of the Bill of costs are hereby declined in terms of clause 5 of Part A of Schedule II of the Advocates’ Remuneration Order 2014.

iv.The charges for service under item 5 of the Bill of costs are allowed at Kshs. 15,000/=.

v.Service charges under items 9,10,11,12,13,14,15,27,28,29,30,34,35,42,44,51,52,57,61,62,70,71,79 and 85 of the Bill of Costs are taxed at the rate of Kshs. 1400/= each, all totaling to Kshs. 33,600/=.

vi.Attendance charges falling under items 37, 40, 41,59,64,65,83,84,88,89,91 of the Bill of Costs are taxed at Kshs. 500/= each all totaling to Kshs. 5,500/=.

vii.Attendance charges are taxed as follows:Item 19, on 25. 8.2016 at Kshs. 2100/=Item 24, on 13. 9.2016 at Kshs. 1200/=Item 73, on 24. 1.2018 at Kshs. 1200/=Item 74, on 5. 4.2018 at Kshs. 2100/=Item 75 on 5. 4.2018 at Kshs. 2100/=Item 76 on 21. 6.2018 at Kshs. 2100/=Item 77 on 30. 8.2018 at Kshs. 4000/=The total under these items is Kshs. 13,900/=

viii.The attendance charges under item 112 are disallowed.

ix. Filing feesa.Filing fees charged under item 92 are taxed at Kshs. 6,790/=.b.Filing fees charged under items 93,4,95,96,97,99,100,101,102,103,104,106,107,108 and 110 are allowed at Kshs. 50/= each, all totaling to Kshs. 750/=.c.Filing fees charged under items 98 and 109 are allowed at Kshs. 75 each totaling to Kshs. 150/=.d.Filing fees under item 105 are taxed at Kshs. 340/=.e.Filing fees under item III taxed at Kshs. 375/=.

2We hereby order the claimant’s bill of costs dated September 8, 2022 as taxed at the total sum of Kshs. 376,405/=.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 7TH DAY OF MARCH, 2024. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 7. 3.2024HON. BEATRICE SAWE MEMBER SIGNED 7. 3. 2024HON. FRIDAH LOTUIYA MEMBER SIGNED 7. 3.2024HON. PHILIP GICHUKI MEMBER SIGNED 7. 3.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 7. 3.2024HON. PAUL AOL MEMBER SIGNED 7. 3.2024Tribunal Clerk JemimahBwire advocate for 1st RespondentThieri holding brief for Nyarango for Claimant/ApplicantHON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 7. 3.2024