[2022] KEHC 658 (KLR)
The court found that there was no pending appeal against the decision on assessment of costs, and the applicant (auctioneer) was not a party to the related suits cited by the respondent. The court held that the auctioneer's costs were due and payable, and any subsequent recovery by the respondent could be sought...
Source-derived case information.
- Citation
- [2022] KEHC 658 (KLR)
- Parties
- Applicant: Joseph Gikonyo T/A Garam Investments; Respondent: St. Elizabeth Academy Karen Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Case 488 of 2013
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution
- Outcome
- application dismissed with costs
- Judges
- DAS Majanja
- Legal Topics
- Stay of Execution, Assessment of Costs, Auctioneer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Gikonyo T/A Garam Investments
Applicant
St. Elizabeth Academy Karen Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the respondent is entitled to a stay of execution of the ruling dated 23rd February 2022 pending determination of related suits.
- 2 Whether the applicant is entitled to immediate payment of auctioneer's costs following dismissal of the respondent's appeal on assessment of costs.
Ratio Decidendi
The court found that there was no pending appeal against the decision on assessment of costs, and the applicant (auctioneer) was not a party to the related suits cited by the respondent. The court held that the auctioneer's costs were due and payable, and any subsequent recovery by the respondent could be sought from the principal parties in the related suits if warranted. The application for stay of execution therefore lacked merit and was dismissed with costs to the applicant.
Court Disposition
application dismissed with costs
Orders
- The application dated 14th March 2022 is dismissed.
- The respondent shall pay costs assessed at KES 20,000 to the applicant.
Full Case Text
Judgment text and source record
19 paragraphs
Joseph Gikonyo T/A Garam Investments v St. Elizabeth Academy Karen Limited (Commercial Case 488 of 2013) [2022] KEHC 658 (KLR) (Commercial and Tax) (20 June 2022) (Ruling)
Neutral citation: [2022] KEHC 658 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Commercial Case 488 of 2013
DAS Majanja, J
June 20, 2022
Between
Joseph Gikonyo T/A Garam Investments
Applicant
and
St. Elizabeth Academy Karen Limited
Respondent
Ruling
1. The Respondent in this matter has filed the Notice of Motion dated 14th March 2022 seeking a stay of execution of the ruling dated 23rd February 2022 pending hearing and determination of HCCC NO. 333 of 2013, St. Elizabeth Academy Karen Ltd v National Bank of Kenya Limited and NRB ELC Case No. 715 of 2017, GA Life Insurance Ltd v St. Elizabeth Karen Limited.
2. The ruling dated 23rd February 2022 dismissed the Respondent’s appeal arising from the decision of the Deputy Registrar on assessment of costs due to the Applicant. There is no appeal pending against that decision hence the auctioneer’s costs are due and the Applicant is not party to the pending proceedings. In the event the suits are successful, I do not see any difficulty in the Respondent recovering the costs as an auctioneer is an agent of a disclosed principle. The principal parties in those suits would be in a position to refund the sum if it is part of the respective claims.
3. The application dated 14th March 2022 lacks merit. It is dismissed with costs assessed at KES. 20,000. 00
DATED AND DELIVERED AT NAIROBI THIS 20TH DAY OF JUNE 2022. D. S. MAJANJAJUDGEMs Okullo instructed by Jane Gachuiga and Associates Advocates for the Appellant.Ms Ochieng instructed by S. K. Amani and Associates Advocates for the Respondent.