[2024] KEELC 6483 (KLR)

[2024] KEELC 6483 (KLR)

The court found that the consent presented by the parties' advocates was properly executed and reflected the parties' agreement to resolve the dispute over costs. The court exercised its discretion to adopt the consent as the final order, thereby setting aside the previous ruling on the respondents' bill of costs...

Source-derived case information.

Citation
[2024] KEELC 6483 (KLR)
Parties
Appellant: China Communication Construction Company; Defendant: Hussein Abdi; Defendant: Daud Tano
Court
Environment and Land Court
Court Station
Environment and Land Court at Isiolo
Jurisdiction
Kenya
Case Number
Environment and Land Appeal E008 of 2021
Procedural Posture
Environment and Land Appeal / Ruling on Consent to Settle Costs Appeal
Outcome
Consent adopted as final order; previous costs ruling set aside; costs taxed at KES 120,000 payable within 14 days; execution and interest in default.
Judges
PM Njoroge
Legal Topics
Taxation of Costs, Party and Party Costs, Consent Orders
Source Language
en
Civil Procedure Land and Property Taxation of Costs Party and Party Costs Consent Orders

Source-derived case record

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Parties

China Communication Construction Company

Appellant

Hussein Abdi

Defendant

Daud Tano

Defendant

Procedural Posture

Environment and Land Appeal / Ruling on Consent to Settle Costs Appeal

Legal Issues

  1. 1 Whether the consent presented by the parties' advocates should be adopted as the final order of the court.
  2. 2 Whether the previous ruling on the respondents' bill of costs should be set aside and costs taxed at KES 120,000.

Ratio Decidendi

The court found that the consent presented by the parties' advocates was properly executed and reflected the parties' agreement to resolve the dispute over costs. The court exercised its discretion to adopt the consent as the final order, thereby setting aside the previous ruling on the respondents' bill of costs and substituting it with the agreed sum of KES 120,000 as party and party costs, payable within 14 days. The order further provided for execution in default, with interest at 12% per annum, thus giving effect to the parties' negotiated settlement and bringing finality to the costs aspect of the appeal.

Court Disposition

Consent adopted as final order; previous costs ruling set aside; costs taxed at KES 120,000 payable within 14 days; execution and interest in default.

Orders

  • The consent dated 30th September 2024 is adopted as the final order of the court.
  • The ruling delivered by Honourable Maureen Odhiambo on 16th April 2024 on the respondents' bill of costs dated 8th March 2024 is set aside in its entirety.