[2014] KEELRC 470 (KLR)
The Court found that the Applicant failed to raise sufficient grounds to warrant a review of the Deputy Registrar's taxation of costs. The application did not meet the threshold set out under Rule 32 of the Industrial Court Rules 2010 for review of a taxed bill of costs. Consequently, the application for review was...
Source-derived case information.
- Citation
- [2014] KEELRC 470 (KLR)
- Parties
- Applicant: Evans O. Agulo; Respondent: H. Young and Company (E.A.) Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1614 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Review of Taxed Costs
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Review of Taxed Costs, Costs Award, Industrial Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans O. Agulo
Applicant
H. Young and Company (E.A.) Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Review of Taxed Costs
Legal Issues
- 1 Whether the Applicant has established sufficient grounds for review of the Deputy Registrar's taxation of costs under Rule 32 of the Industrial Court Rules 2010.
- 2 Whether the application for review of the taxed bill of costs should be allowed.
Ratio Decidendi
The Court found that the Applicant failed to raise sufficient grounds to warrant a review of the Deputy Registrar's taxation of costs. The application did not meet the threshold set out under Rule 32 of the Industrial Court Rules 2010 for review of a taxed bill of costs. Consequently, the application for review was dismissed with costs awarded to the Respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application dated 20th January 2014 is dismissed.
- Costs awarded to the Respondent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 1614 OF 2011
EVANS O. AGULO ...............................................................CLAIMANT
VERSUS
H. YOUNG AND COMPANY (E.A.) LTD .......................RESPONDENT
Claimant in person
M/S Muriu for the Respondent
RULING
1. The Applicant/Claimant seeks Court to review the bill of costs taxed by the Deputy Registrar at Kshs. 54,320/= plus a further 18,000/= added in respect of an application for stay of execution that was subsequently heard and dismissed by the Court.
2. The Respondent has opposed the application by grounds of objection dated 12th February, 2014.
3. No sufficient grounds have been raised by the Applicant to review the Ruling of the Deputy Registrar in terms of the possible grounds for review under Rule 32 of the Industrial Court Rules 2010.
4. Accordingly, the Application dated 20th January 2014 is dismissed with costs to the Respondent.
Dated and Delivered at Nairobi this 9th day of April, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE