Thomas Mongáre Nyambane v Wasike Bonee Simiyu; United Nations Sacco Society Ltd (Garnishee) [2020] KECPT 87 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. 816 OF 2017
THOMAS MONGÁRE NYAMBANE...........................................CLAIMANT
VERSUS
WASIKE BONEE SIMIYU.........................................................RESPONDENT
AND
UNITED NATIONS SACCO SOCIETY LTD...................................GARNISHEE
RULING
What is before us for taxation is the Garnishee’s Party and Party Bill of costs dated 06/12/2019. It is for Kshs. 151,982. 60.
We have considered the Bill and the following representations by the parties:
a. Claimant’s Response dated 20th January, 2020;
b. Garnishee’s Reply to Claimant’s Response dated 10th February, 2020; and
c. Respondent’s Written submissions dated 17/02/2020
We thus assess the bill as hereunder:
1. Item 1-Instruction fees: Assessed at Kshs. 14,000. 00;
2. Items 2-4 (b), 5-9, 14-15 and 17-Disallowed;
3. Item 4 (c)- Taxed as drawn;
4. Item 10-taxed at Kshs. 2,100. 00;
5. Item 11-taxed at Kshs. 500. 00;
6. Item 12-taxed at Kshs. 500. 00;
7. Item 13-taxed at Kshs. 500. 00;
8. Item 16-taxed at Kshs. 500. 00;
9. Item 18 (a) –(d)-taxed at Kshs. 50, 70, 500 and 150 respectively.
TOTALKshs. 19,170. 00
Read and delivered in an open court this 4th day of March, 2020.
In the presence of ;-
Claimant : Getange Advocate for Judgment Creditor
Respondent : Wachira holding brief for Mrs Wachira for Garnishee
Court Assistant : Raphael Leweri
Hon. B. Kimemia - Chairman Signed
Hon. F. Terer - Deputy Chairman Signed
P. Gichuki - Member Signed
Hon. B. Kimemia
Chairman Signed 4. 3.2020
Getange Advocate for Judgment Creditor –I pray for certified copy.
Order-to be supplied on payment.
Hon. B. Kimemia
Chairman Signed 4. 3.2020