Thomas Mongáre Nyambane v Wasike Bonee Simiyu; United Nations Sacco Society Ltd (Garnishee) [2020] eKLR Case Summary

Court
Co-operative Tribunal at Nairobi
Category
Civil
Judge(s)
Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
Judgment Date
March 04, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the 2020 eKLR case summary of Thomas Mongáre Nyambane v Wasike Bonee Simiyu and United Nations Sacco Society Ltd. Gain insights into the legal implications and outcomes of this significant judgment.

Case Brief: Thomas Mongáre Nyambane v Wasike Bonee Simiyu; United Nations Sacco Society Ltd (Garnishee) [2020] eKLR

1. Case Information:
- Name of the Case: Thomas Mong'are Nyambane v. Wasike Bonee Simiyu & United Nations Sacco Society Ltd
- Case Number: Tribunal Case No. 816 of 2017
- Court: Co-operative Tribunal at Nairobi
- Date Delivered: 4th March 2020
- Category of Law: Civil
- Judge(s): Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
- Country: Kenya

2. Questions Presented:
The central legal issue before the court was the taxation of the Garnishee’s Party and Party Bill of costs, specifically the amount claimed by the garnishee and the appropriateness of the fees assessed.

3. Facts of the Case:
The claimant, Thomas Mong'are Nyambane, initiated the case against the respondent, Wasike Bonee Simiyu, with the United Nations Sacco Society Ltd acting as the garnishee. The dispute arose over a Bill of costs dated 6th December 2019, which amounted to Kshs. 151,982.60. The parties presented their respective submissions regarding the bill, including the claimant's response and the garnishee's reply, along with the respondent's written submissions.

4. Procedural History:
The case progressed through the Co-operative Tribunal, where the initial focus was on the taxation of the bill of costs filed by the garnishee. The tribunal received and considered various representations from the parties, including the claimant's response dated 20th January 2020, the garnishee's reply dated 10th February 2020, and the respondent's submissions dated 17th February 2020.

5. Analysis:
- Rules: The tribunal assessed the bill of costs based on relevant legal principles governing taxation in civil proceedings, which typically involve evaluating the reasonableness and necessity of the costs claimed.
- Case Law: The tribunal did not reference specific case law in its ruling; however, it implicitly relied on established principles of taxation in civil cases, which emphasize the necessity of justifying claimed costs.
- Application: The tribunal carefully reviewed each item in the bill of costs. It allowed certain fees, such as the instruction fees assessed at Kshs. 14,000.00, while disallowing several other items. The final amount taxed was Kshs. 19,170.00, which reflected the tribunal's discretion in determining reasonable costs.

6. Conclusion:
The tribunal ruled in favor of taxing the garnishee's bill of costs at Kshs. 19,170.00, significantly lower than the amount claimed. This decision underscores the tribunal's role in ensuring that costs are reasonable and justifiable in civil proceedings.

7. Dissent:
There were no dissenting opinions noted in the ruling, as all judges present signed the decision without disagreement.

8. Summary:
The case of Thomas Mong'are Nyambane v. Wasike Bonee Simiyu & United Nations Sacco Society Ltd involved the taxation of a bill of costs related to garnishment proceedings. The tribunal's decision to tax the bill at Kshs. 19,170.00 reflects its commitment to regulating costs in civil matters and ensuring fairness in the adjudication process. The ruling serves as a reminder of the importance of justifying legal costs and the tribunal's authority in assessing such claims.

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