[2019] KEELRC 359 (KLR)
The court found that the applicant auctioneer had followed the correct procedure under Rule 7 of the Auctioneers Rules and section 22 of the Auctioneers Act by serving the application for execution of taxed costs on the respondent's advocates. The respondent failed to defend or participate in the application. The...
Source-derived case information.
- Citation
- [2019] KEELRC 359 (KLR)
- Parties
- Applicant: Elam Lumwaji t/a Domicile Auctioneers; Respondent: Securex Agencies (K) Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 107 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Execute Taxed Costs
- Outcome
- application allowed with costs to the applicant
- Judges
- MSA Makhandia
- Legal Topics
- Auctioneers Charges, Execution of Warrants, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elam Lumwaji t/a Domicile Auctioneers
Applicant
Securex Agencies (K) Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Execute Taxed Costs
Legal Issues
- 1 Whether the applicant auctioneer is entitled to leave to execute for taxed costs against the respondent.
- 2 Whether the procedure under Rule 7 of the Auctioneers Rules and section 22 of the Auctioneers Act was properly followed.
Ratio Decidendi
The court found that the applicant auctioneer had followed the correct procedure under Rule 7 of the Auctioneers Rules and section 22 of the Auctioneers Act by serving the application for execution of taxed costs on the respondent's advocates. The respondent failed to defend or participate in the application. The law places the obligation to pay auctioneer's charges on the debtor, and the applicant is entitled to recover the taxed amount. Accordingly, the court allowed the application for leave to execute for the taxed costs, with costs to the applicant.
Court Disposition
application allowed with costs to the applicant
Orders
- Leave is granted to the applicant to execute for the taxed costs of Kshs 128,330/- against the respondent.
- The respondent shall pay the costs of this application to the applicant.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
MISC CASE NO. 107 OF 2018
ELAM LUMWAJI t/a DOMICILE AUCTIONEERS......CLAIMANT
v
SECUREX AGENCIES (K) LTD..................................RESPONDENT
IN THE MATTER OF THE EXECUTION OF THE
COURTS WARRANTS IN ELRC CAUSE NO. 1228 OF 2014
BETWEEN
JOSIAH ARIKO OMUKOTO............................................CLAIMANT
v
SECUREX AGENCIES (K) LTD..................................RESPONDENT
RULING
1. The applicant auctioneer filed a bill of costs against Securex Agencies (K) Ltd (Respondent) out of warrants issued in Cause No. 1228 of 2014.
2. The bill of costs was taxed on 30 January 2019 in the sum of Kshs 128,330/-.
3. On 23 July 2019, the applicant moved Court seeking leave to execute for the costs. The application was served upon and acknowledged by Taibjee and Bhalla Advocates for the Respondent.
4. However, the Respondent was not represented when the application was heard on 6 November 2019.
5. The Court allowed the applicant to argue the application and it was urged that the procedure followed was predicated upon Rule 7 of the Auctioneers Rules.
6. The Court has looked at the Rule as well as section 22 of the Auctioneers Act. It places an obligation on the debtor to pay the auctioneers charges. The auctioneer is also permitted to sue for his charges.
7. Considering that the Respondent did not bother to defend the application, and the aforecited provisions of law, the Court will allow the application filed in Court on 23 July 2019 with costs.
Delivered, dated and signed in Nairobi on this 8th day of November 2019.
Radido Stephen
Judge
Appearances
For applicant Mr. Mukeli instructed by Namada & Co. Advocates
Respondent did not participate
Court Assistant Lindsey