[2014] KEELC 159 (KLR)
The court found that the plaintiff had obtained judgment nearly a year prior, declaring him the rightful owner of the suit land and ordering the defendant to vacate. The only reason for the delay in execution was the absence of the Deputy Registrar, which prevented taxation of costs. The defendant neither opposed...
Source-derived case information.
- Citation
- [2014] KEELC 159 (KLR)
- Parties
- Plaintiff: Christopher Kendagor; Defendant: Christopher Kipkorir
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Judgment Date
- 7 October 2014
- Case Number
- Environment & Land Case 919 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Execute Decree Before Taxation of Costs
- Outcome
- application allowed
- Legal Topics
- Execution of Decree, Taxation of Costs, Ownership of Land
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Kendagor
Plaintiff
Christopher Kipkorir
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Execute Decree Before Taxation of Costs
Legal Issues
- 1 Whether the plaintiff should be permitted to execute the decree before taxation of costs.
- 2 Whether delay in taxation of costs justifies granting leave to execute the decree.
Ratio Decidendi
The court found that the plaintiff had obtained judgment nearly a year prior, declaring him the rightful owner of the suit land and ordering the defendant to vacate. The only reason for the delay in execution was the absence of the Deputy Registrar, which prevented taxation of costs. The defendant neither opposed the application nor appeared in court. The court held that there was no justifiable reason to deny the plaintiff the right to execute the decree before taxation of costs, as further delay would unjustly deprive him of possession of his land. Accordingly, the application was allowed, and the plaintiff was permitted to execute the decree prior to taxation of costs.
Court Disposition
application allowed
Orders
- The plaintiff is permitted to execute the decree before taxation of costs.
- No order as to costs of this application.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
E&L 919 OF 2012
Formerly HCC 19 of 2012
CHRISTOPHER KENDAGOR...................................................................PLAINTIFF
VS
CHRISTOPHER KIPKORIR......................................................................DEFENDANT
(Application to execute decree before taxation of costs; decree passed close to one year yet costs have not been taxed; application allowed)
RULING
The plaintiff has filed an application dated 25 September 2014 seeking orders to be allowed to execute the decree herein before the bill of costs is taxed.
The claim herein revolved around the ownership of the land parcel Moiben/Kapsumbere Block 2 (Tachasis)/111 which the defendant alleged to have purchased. I heard the matter and on 9 October 2013, I passed judgment in favour of the plaintiff. I decreed inter alia that the plaintiff is the rightful owner of the suit land and ordered the defendant to vacate the said land within 14 days failing which he would be evicted.
Through this application, the plaintiff has stated that he has been unable to execute the decree since the bill of costs has not been taxed. The reason that the bill of costs has not been taxed is that the Deputy Registrar is away on leave.
I note that judgment was delivered about a year ago. The delay in executing the decree is because the costs are yet to be taxed. The taxing of the bill of costs is obviously causing the plaintiff unnecessary delay as he is entitled to his land.
The defendant has not filed anything to oppose the subject application and indeed his counsel did not appear in court when the application was argued. I see no reason why I should not grant the application. I allow the application and permit the plaintiff to apply to execute the decree before taxation of costs.
I make no orders as to the costs of this application.
It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 7TH DAY OF OCTOBER 2014
JUSTICE MUNYAO SILA
ENVIRONMENT AND LAND COURT AT ELDORET
Delivered in the presence of:
Delivered in the presence of:
Mr. P.K. Kibii holding brief for M/s Anassi Momanyi & Co for plaintiff/applicant.
N/A for M/s Chepseba Lagat for defendant/respondent.