[2024] KEHC 6658 (KLR)
The court found that since the application was dismissed for non-attendance over 20 years ago and no steps have been taken to tax or recover costs, the matter is now stale by operation of law. The statutory limitation period for recovery of costs has lapsed, making any further proceedings or recovery impossible....
Source-derived case information.
- Citation
- [2024] KEHC 6658 (KLR)
- Parties
- Applicant: Invesco Assurance Company Limited; Respondent: Isaac Onyango Nyatongo; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 97 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on File Closure and Archiving
- Outcome
- file closed and archived as stale; no further orders possible
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Dismissal for Non Attendance, Costs Taxation, File Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Invesco Assurance Company Limited
Applicant
Isaac Onyango Nyatongo
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on File Closure and Archiving
Legal Issues
- 1 Whether the matter should remain open after dismissal for non-attendance to prosecute.
- 2 Whether costs can be recovered more than 20 years after the last order.
Ratio Decidendi
The court found that since the application was dismissed for non-attendance over 20 years ago and no steps have been taken to tax or recover costs, the matter is now stale by operation of law. The statutory limitation period for recovery of costs has lapsed, making any further proceedings or recovery impossible. Accordingly, the file should be closed and archived as there is no legal basis to keep it open.
Court Disposition
file closed and archived as stale; no further orders possible
Orders
- The file is hereby closed for archiving.
Full Case Text
Judgment text and source record
23 paragraphs
Invesco Assurance Company Limited v Nyatongo & another (Miscellaneous Civil Application 97 of 2003) [2024] KEHC 6658 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6658 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 97 of 2003
RE Aburili, J
June 3, 2024
Between
Invesco Assurance Company Limited
Applicant
and
Isaac Onyango Nyatongo
1st Respondent
Attorney General
2nd Respondent
Ruling
1. This matter was filed on 28th April 2003. The Applicant sought for leave of court to apply for Judicial Review orders of Certiorari and Mandamus in a matter involving a dispute over land parcels Nos. 1941, 1942, 1944 Koguta.
2. The application was dismissed with costs on 17th June 2003 by Tanui J for non-attendance to prosecute.
3. The file however remained open.
4. On 13th May 2004, the matter was stood over by the Deputy Registrar on costs to be taxed.
5. Since it is now over 20 years past the last order, this suit is now stale by operation of the law as the costs cannot be recovered.
6. The file is hereby closed for archiving.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE