[2001] KEHC 732 (KLR)
The court found that directions had already been taken on 29th January, 2001 in the absence of counsel but in the presence of the parties, and these directions remained in force as they had not been challenged. Therefore, the respondent was not entitled to costs for the day, as the basis for seeking costs (that...
Source-derived case information.
- Citation
- [2001] KEHC 732 (KLR)
- Parties
- Applicant: Francis Njugu Kuria (Deceased); Respondent: Unnamed Respondent
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 179 of 1994
- Procedural Posture
- Succession Cause / Ruling on Costs After Adjournment for Directions
- Outcome
- Respondent's application for costs dismissed.
- Legal Topics
- Costs Award, Directions in Succession, Adjournment, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Njugu Kuria (Deceased)
Applicant
Unnamed Respondent
Respondent
Procedural Posture
Succession Cause / Ruling on Costs After Adjournment for Directions
Legal Issues
- 1 Whether the respondent is entitled to costs when the matter was stood over generally for directions.
- 2 Whether directions previously taken in the absence of counsel remain valid and binding.
Ratio Decidendi
The court found that directions had already been taken on 29th January, 2001 in the absence of counsel but in the presence of the parties, and these directions remained in force as they had not been challenged. Therefore, the respondent was not entitled to costs for the day, as the basis for seeking costs (that directions had not been taken) was incorrect. The court exercised its discretion to deny costs to the respondent in these circumstances.
Court Disposition
Respondent's application for costs dismissed.
Orders
- Respondent is not entitled to costs for the day.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO.179 OF 1994 IN THE MATTER OF THE ESTATE OF FRANCIS NJUGU KURIA
R U L I N G
This matter came before me for hearing on 16th May, 2001 but both counsels consented that directions having not been taken, if be taken out and stood over generally.
There upon counsel for the respondent prayed for costs. He submitted that the hearing date was taken ex-parte to court before counsel for the applicant took steps to have directions taken. But counsel for the applicant objects to counsel for the respondent being given costs.
But the record shows that on the 29th January,2001 the matter had been fixed for directions before Aluoch J. both counsels never appeared but the parties were present and directions were taken in the absence of the counsels, since directions had been taken though I the absence of counsels and the same is still in force having not been challenged, counsel for the respondent is not entitled to costs of to-day.
It is so ordered.
Dated and delivered at Nairobi this 23rd day of May, 2001
J. L. A. OSIEMO
JUDGE