Saida Yusuf v Teleposta Saccoo Society Ltd [2021] KECPT 506 (KLR)

REPUBLIC OF KENYA

IN THE COOPERATIVE TRIBUNAL

AT NAIROBI

CTC CAUSE NO. 167OF 2020

SAIDA YUSUF ……………….......……………………………..…….CLAIMANT

VERSUS

TELEPOSTA SACCOO SOCIETY LTD…………………………..RESPONDENT

RULING

The matter for determination is the Claimant`s Certificate of Cost dated 12th April 2019 and filed on 15th April 2019. This certificate of costs was drawn in respect of CTC case no. 167 of 2020 where therein; -

i. Claimant on 19th June 2020 filed a statement of claim dated the same day.

ii. Respondent filed a statement of defence dated 3rd July 2020 and filed on 6th July 2020.

The matter was heard by the honorable Tribunal and appropriate orders made on 2/11/2020. When the matter came up on 3/3/21 to confirm compliance with said orders, the parties were directed by this honorable tribunal to agree on costs and interest. The claimant therefore filed the said certificate of cost claiming a total of Ksh49,838. When the matter came up on 10/5/21, the Respondent made a counter proposal of Ksh23,000 as total costs. The claimant opposed the said proposal and parties were directed to allow the Honorable Tribunal assess and amend the same.

The Honorable Tribunal is permitted under Section 27 of the Civil Procedure Act to award and assess costs, to this end, this Tribunal has critically analyzed claimant`s certificate of costs vis a vie the Advocates Remuneration Order 2014 pursuant to legal Notice 35 and makes the following amendments to the said certificate of cost;

Item 1: court fees on claim is hereby assessed and amended to Ksh4,900 being the assessed fee.

Item 2: preparation, typing, printing and photocopying is hereby assessed and amended to Ksh2,000.

Item 3: service of summons is granted as prayed at Ksh3,0000

Item 4: attendances and fare from Kajiado to Nairobi and back is granted as prayed for reasons that the claimant has been attending court.

Item 5: miscellaneous is hereby declined as the same is unsupported.

Item 6: interest is hereby assessed from 19th /6/2020 to May 2021 and enhanced to Ksh23,754.

The upshot of which claimant’s certificate of costs dated 12th April 2021 be and is hereby amended as follows; -

Bill of  costs assessed  at Kshs. 45,154/- plus  interest from  31. 10. 2019 to May  2021.

Interest  from 19. 6.2020 to May  2021

(11/12*12/100*21400+21400=23,754/=)

Bill of cost assessed  at Kshs.23,754/-

Ruling signed, dated and delivered virtually this 27thday of May, 2021.

Hon. B. Kimemia   Chairperson   Signed  27. 5.2021

Hon. J. Mwatsama  Deputy Chairperson Signed  27. 5.2021

Mr. P. Gichuki   Member   Signed  27. 5.2021

Tribunal Clerk   Leweri

Saida Yusuf  Claimant  present  in person

Maumbe  on behalf  of  Respondent  Present

Hon. B. Kimemia   Chairperson   Signed  27. 5.2021