[2025] KEHC 8413 (KLR)

[2025] KEHC 8413 (KLR)

The court determined that before proceeding to adopt the ruling on the Party and Party Bill of Costs as a judgment and decree, it was necessary to address the pending application to set aside the taxation orders and ruling. However, since the latter application had not been regularised through payment of the required court fees, the court directed the applicant to comply within seven days, failing which the application would be disregarded. The court further granted both parties leave to file responses and skeleton submissions to both applications within seven days, and set a mention date to confirm compliance and issue further directions. The court's approach ensures procedural fairness...

Citation
[2025] KEHC 8413 (KLR)
Parties
Plaintiff: EWK; Defendant: JKN
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Judgment Date
16 June 2025
Case Number
Family Originating Summons 4 of 2020
Procedural Posture
Family Originating Summons / Interlocutory Application; Directions on Pending Motions
Outcome
Directions issued; no final determination on the substantive applications.
Judges
DO Chepkwony
Legal Topics
Party and Party Costs, Taxation of Costs, Adoption of Ruling as Judgment, Setting Aside Orders
Source Language
English
Family and Children Civil Procedure Party and Party Costs Taxation of Costs Adoption of Ruling as Judgment Setting Aside Orders

Case Brief

Summary, issues, holding and outcome

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Parties

EWK

Plaintiff

JKN

Defendant

Procedural Posture

Family Originating Summons / Interlocutory Application; Directions on Pending Motions

Legal Issues

  1. 1 Whether the ruling on the Party and Party Bill of Costs should be adopted as a judgment and decree of the court.
  2. 2 Whether the application to set aside the taxation orders and ruling should be entertained despite non-payment of requisite fees.
  3. 3 What directions should be issued regarding compliance and further proceedings.

Ratio Decidendi

The court determined that before proceeding to adopt the ruling on the Party and Party Bill of Costs as a judgment and decree, it was necessary to address the pending application to set aside the taxation orders and ruling. However, since the latter application had not been regularised through payment of the required court fees, the court directed the applicant to comply within seven days, failing which the application would be disregarded. The court further granted both parties leave to file responses and skeleton submissions to both applications within seven days, and set a mention date to confirm compliance and issue further directions. The court's approach ensures procedural fairness...

Court Disposition

Directions issued; no final determination on the substantive applications.

Orders

  • Applicant in the application dated 14th March, 2025 (2024) to regularise the same by payment within seven days, failing which it will be disregarded.
  • Parties granted leave to file responses and skeleton submissions to both applications within seven days.