[2020] KEHC 6481 (KLR)

[2020] KEHC 6481 (KLR)

The court found that the applicant had been duly served at all material times and failed to act promptly, only seeking relief after execution proceedings had commenced. The judgment in favour of the respondent remained unchallenged and execution had not been stayed. Granting an extension of time to file a notice of...

Source-derived case information.

Citation
[2020] KEHC 6481 (KLR)
Parties
Applicant: James Aggrey Mwamu t/a Mwamu & Co. Advocates; Respondent: Migori County Assembly
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 108 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Application for Enlargement of Time to File Notice of Objection to Taxed Costs
Outcome
application dismissed with costs to the respondent
Legal Topics
Taxation of Costs, Enlargement of Time, Execution of Judgment
Source Language
en
Civil Procedure Taxation of Costs Enlargement of Time Execution of Judgment

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Parties

James Aggrey Mwamu t/a Mwamu & Co. Advocates

Applicant

Migori County Assembly

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Enlargement of Time to File Notice of Objection to Taxed Costs

Legal Issues

  1. 1 Whether the court should enlarge time to allow the applicant to file a notice of objection to the taxed costs.
  2. 2 Whether the applicant is entitled to the court's discretion after delay in moving the court.
  3. 3 Whether execution of judgment should be stayed pending objection to taxed costs.

Ratio Decidendi

The court found that the applicant had been duly served at all material times and failed to act promptly, only seeking relief after execution proceedings had commenced. The judgment in favour of the respondent remained unchallenged and execution had not been stayed. Granting an extension of time to file a notice of objection would be futile and contrary to the principles of finality and legitimate expectation. The applicant was guilty of inordinate delay, and the respondent was entitled to the fruits of judgment after following due legal process. The application for enlargement of time was therefore dismissed with costs to the respondent.

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application dated 19th November 2019 is dismissed.
  • Costs awarded to the respondent.