[2023] KEELC 16580 (KLR)
The court found that the applicant did not dispute the taxed amount and only sought indulgence to pay by instalments due to personal circumstances. The respondent's opposition was based on entitlement to prompt payment for services rendered. The court exercised its discretion under Order 21 Rule 12 of the Civil...
Source-derived case information.
- Citation
- [2023] KEELC 16580 (KLR)
- Parties
- Applicant: Mildred Chelimo P/A Chelimo & Company Advocate; Respondent: Kirubi Njuguna
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 18 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Stay of Execution and Payment by Instalments
- Outcome
- Application for stay of execution and payment by instalments allowed conditionally.
- Judges
- MN Mwanyale
- Legal Topics
- Stay of Execution, Taxation of Costs, Payment by Instalments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mildred Chelimo P/A Chelimo & Company Advocate
Applicant
Kirubi Njuguna
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Stay of Execution and Payment by Instalments
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the taxed costs.
- 2 Whether the applicant should be allowed to pay the taxed costs by instalments.
Ratio Decidendi
The court found that the applicant did not dispute the taxed amount and only sought indulgence to pay by instalments due to personal circumstances. The respondent's opposition was based on entitlement to prompt payment for services rendered. The court exercised its discretion under Order 21 Rule 12 of the Civil Procedure Rules, balancing the applicant's situation against the respondent's right to timely payment. The court allowed the application for stay of execution on condition that the applicant pays the taxed costs in specified instalments, with default attracting interest and liberty to execute for the balance.
Court Disposition
Application for stay of execution and payment by instalments allowed conditionally.
Orders
- The taxed costs of Ksh 352,989 to be paid as follows: first instalment of Ksh 75,000 on or before April 15, 2023; balance of Ksh 277,989 to be paid in instalments of Ksh 50,000 on or before the 20th of every month from May 20, 2023 until payment in full.
- In default of any instalment, the balance shall attract interest at prevailing court rates and the advocate shall be at liberty to execute.
Full Case Text
Judgment text and source record
22 paragraphs
Chelimo P/A Chelimo & Company Advocate v Njuguna (Environment and Land Appeal 18 of 2021) [2023] KEELC 16580 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEELC 16580 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment and Land Appeal 18 of 2021
MN Mwanyale, J
March 27, 2023
Between
Mildred Chelimo P/A Chelimo & Company Advocate
Applicant
and
Kirubi Njuguna
Respondent
Ruling
1. Before court for determination is an application dated March 9, 2023 seeking a stay of execution of the ruling delivered on March 2, 2023 and a substantive prayer that the taxed amount be paid in instalment.
2. The ruling sought to be stayed arises from taxation of an advocate/client bill of costs that was taxed at Ksh 352, 989. The applicant has not challenged the taxed amount but seeks to pay the same in instalment. In his affidavit, the applicant states that he is elderly and sickly hence at paragraph 10 of his supporting affidavit he proposes to pay Ksh 50, 000, on or before April 10, 2023 and balance in instalments of Ksh 20,000/= on every succeeding day of every month till payment in full.
3. The advocate has opposed the application and has indicated that the applicant has been sickly over during the time of the suit and should not delay the payment of her fees based on the issue of sickness; as she rendered her services and she is entitled to enjoy her fees by way of the taxed costs which are not in any way challenged; and are thus due and owing to her.
4. The taxed costs emanated from an advocate/client bill of costs that was taxed at Ksh352, 989/=. it is true that the taxed amount is now due and owing to the advocate for service rendered. The court had given parties an opportunity to be negotiate the payment plan which negotiation bore no fruits hence this ruling.
5. The applicant has proposed to make the payment as captured in paragraph 10 of his affidavit and paragraph 2 of this ruling, which the respondent has declined.
6. The court allows the application for stay of execution conditionally and the payment of instalment in terms that;
7. The taxed costs of Ksh 352, 989/= due and owing to the advocates to be paid as hereunder;i.First instalment of Ksh 75, 000/= to be paid on or before April 15, 2023. ii.The balance of Ksh 277. 989/= to be paid in instalments of Ksh 50, 000/= on or before 20th of every month from May 20, 2023 till payment in full.iii.In default of any instalment the balance thereof shall attract interest at prevailing court rates and the advocate shall be at liberty to execute.
DATED AT KAPSABET THIS 27TH DAY OF MARCH, 2023. HON. M. N. MWANYALEJUDGEIn the presence of:Ms. Chelimo the Applicant.Mr. Kirubi Njuguna in person.