[2025] KEHC 9635 (KLR)

Parties

Procedural Posture

Civil Appeal / Ruling on Application for Reinstatement of Bill of Costs

Legal Issues

1. 1 Whether the Applicant has provided sufficient cause for the reinstatement of the Bill of Costs dismissed for want of prosecution.
2. 2 Whether the delay in prosecuting the Bill of Costs was excusable under the circumstances.
3. 3 Whether the court should exercise its discretion to extend time for prosecution of the Bill of Costs.

Ratio Decidendi

The court found that while there was some indolence on the part of the Applicant, who acted after 49 days had lapsed, the circumstances surrounding the administrative transfer of the file between courts contributed to the delay. The court determined that to avoid miscarriage of justice, it was appropriate to consider the eleven days that were still pending within the original 60-day period. Consequently, the court exercised its discretion to reinstate the Bill of Costs and extended the time for its prosecution by 21 days from the date of the ruling. The Applicant was ordered to bear the costs of the application, and failure to prosecute the Bill of Costs within the extended period would...

Court Disposition

Application allowed; Bill of Costs reinstated and time for prosecution extended by 21 days; costs to the Applicant.

Orders

• The Bill of Taxation of Costs is reinstated.
• Time for prosecution of the Bill of Costs is extended by 21 days from June 30, 2025.