[2002] KECA 81 (KLR)
The Deputy Registrar found that the sum of Kshs.75,340 charged on item 1 of the bill of costs was excessive for an application for stay of execution, particularly as the applicant had not obtained leave to appeal and the application was struck out on a preliminary objection. Exercising discretion, the Registrar...
Source-derived case information.
- Citation
- [2002] KECA 81 (KLR)
- Parties
- Applicant: David Irungu Ndegwa t/a City Merchant; Respondent: Gilber Joseph Kibe
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 308 of 1998
- Procedural Posture
- Civil Application / Ruling on Taxation
- Outcome
- bill of costs taxed and reduced
- Legal Topics
- Stay of Execution, Taxation of Costs, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Irungu Ndegwa t/a City Merchant
Applicant
Gilber Joseph Kibe
Respondent
Procedural Posture
Civil Application / Ruling on Taxation
Legal Issues
- 1 Whether the amount charged on item 1 of the bill of costs is reasonable in the circumstances of an application for stay of execution.
- 2 Whether the applicant's failure to obtain leave to appeal affects the taxation of costs.
Ratio Decidendi
The Deputy Registrar found that the sum of Kshs.75,340 charged on item 1 of the bill of costs was excessive for an application for stay of execution, particularly as the applicant had not obtained leave to appeal and the application was struck out on a preliminary objection. Exercising discretion, the Registrar reduced the amount to Kshs.20,000 as reasonable in the circumstances. Items 6 and 7 were disallowed by consent. The total bill was taxed at Kshs.28,087.50, reflecting a fair and proportionate award of costs given the limited nature of the proceedings and the outcome.
Court Disposition
bill of costs taxed and reduced
Orders
- Item 1 of the bill of costs reduced to Kshs.20,000.
- Items 6 and 7 of the bill of costs disallowed by consent.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: T.S.LUVUGA, DEPUTY REGISTRAR (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 308 OF 1998 (UR.120/98)
BETWEEN
DAVID IRUNGU NDEGWA T/A CITY MERCHANT .......................................APPLICANT
AND
GILBER JOSEPH KIBE .....................................RESPONDENT
(An application for stay pending an Appeal from the Order of the High Court of Kenya at Nairobi (Justice O'Kubasu) dated 3rd December, 1998
in
H.C.C.C. NO. 6542 OF 1991)
*************
RULING ON TAXATION
E. K. Mutua, Esq. Advocate was served with a notice of taxation for hearing today on 20th August, 2002. He had earlier appeared for the hearing of the application and the settling of terms of the order.
He has not withdrawn from representing the applicant. He has therefore decided to ignore the hearing of this matter before me today.
Having listened to the counsel for the respondent and taking into account the factors in this application, I am of the view that the amount of Kshs.75,340/= charged on item 1 of the bill of costs is on the higher side. The application was for stay of execution. The applicant had not obtained leave of the High Court to appeal. The application was therefore struck out by the Court on preliminary objection.
In exercise of my discretion therefore, I consider a sum of Kshs.20,000/= as reaosnable in the circumstances of this application which I allow. Kshs.45,340 is therefore taxed off from item 1 of the bill. Item 6 and 7 of the bill of costs were disallowed by the consent of the respondent's counsel.
In the result, the bill of costs filed in Court on 19th April, 2002 is taxed at Kshs.26,750/= which is added a sum of Kshs.1,337/50 making in all Kshs.28,087/50.
Dated and delivered at Nairobi this 15th day of October, 2002.
T. S. LUVUGA
....................
DEPUTY REGISTRAR
I certify that this is a true copy of the original.
DEPUTY REGISTRAR