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|Case Number:||Tribunal Case 70 of 2021 (Nairobi)|
|Parties:||Alternative Pulse Limited v Fredrick Joshua Wangati & Minnie Wanjiru Wangati|
|Date Delivered:||15 Dec 2021|
|Court:||Business Premises Rent Tribunal|
|Judge(s):||Hon. Gakuhi Chege (Vice Chair)|
|Citation:||Alternative Pulse Limited v Fredrick Joshua Wangati & another  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. 70 OF 2021 (NAIROBI)
ALTERNATIVE PULSE LIMITED.......................................APPLICANT/TENANT
FREDRICK JOSHUA WANGATI...........................1ST RESPONDENT/LANDLORD
MINNIE WANJIRU WANGATI…........................ 2ND RESPONDENT/LANDLORD
1. Before me is a party/party bill of costs dated 31/8/2021 by the Landlord/Respondents in which they seek to recover Kshs.191,975/- as costs.
2. The said bill is opposed through submissions of the Applicant dated 15th October 2021 wherein it is submitted that the same should not be aimed at unjust enrichment, oppression or prejudice to it.
3. It is further submitted that costs should be commensurate with work done, must be reasonable and should not be allowed to rise to such level as to confine access to court to the wealthy.
4. Relying on schedule 8 part 7 (b) of the Advocates Renumeration order, the Applicant argues that item 1 should be between Kshs.2940/- and 23,520/- as the claim was non- pecuniary in nature.
5. On the other hand, the Respondents urge the Tribunal to consider the value of subject matter which is contended to be the amount in arrears in the sum of Kshs.4,250,000/- or the annual rent of Kshs.3,000,000/- in terms of paragraph 5(b) of schedule 8 of the Advocates Renumeration order, 2014.
6. I have perused the pleadings filed herein and I agree with counsel for the Applicant that the claim was non-pecuniary in nature and there is no basis for charging the sum of Kshs.175,000/- in item 1. I shall therefore allow a sum of Kshs.23,520/- and tax off Kshs.151,480/- from that item.
7. The Respondents counsel concedes to taxing off items 2,3,5 and 8 and as such I shall tax off the same as prayed by the Applicant.
8. On attendances, the amount provided under schedule 8 part 8(a) of the Advocates Renumeration Order is Kshs.1400/- “on any necessary attendance on the Tribunal other than at the hearing”. No hearing took place in this matter and all the items on attendance should be based on the said figure. I therefore tax off Kshs.2600/- from items 4 and 7 and Kshs.700/- from item 12.
9. In regard to item 9, the Respondents claim Kshs.450/- which is reasonable and I shall award the same without the necessity of production of receipts.
10. Items 13, 14, 15 and 16 are not opposed and are therefore awarded to the Respondents.
11. In sum therefore, the amount taxed off is Kshs.161,180/- to leave the amount payable at Kshs.30,795/-.
12. The bill of costs is therefore taxed at Kshs.30,795/- all inclusive.
It is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 15TH DAY OF DECEMBER 2021.
HON. GAKUHI CHEGE
BUSINESS PREMISES RENT TRIBUNAL
In the presence of:
Macharia for the Respondent/Applicant
Miss Rotich for Miss Koech for Tenant/Respondent