[2022] KEELC 15520 (KLR)
The court found that the certificate of taxation issued by the Deputy Registrar on February 16, 2022, entitles the defendant to judgment for the taxed amount under Section 51 of the Advocates Act. However, the court declined to grant the additional execution-related prayers at this stage, holding that execution...
Source-derived case information.
- Citation
- [2022] KEELC 15520 (KLR)
- Parties
- Plaintiff: Menelik House Limited; Defendant: Francis Odumbe Osodo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E003 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion to Adopt Certificate of Taxation as Judgment
- Outcome
- application allowed in part
- Judges
- JE Omange
- Legal Topics
- Certificate of Taxation, Adoption of Taxation as Judgment, Execution of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Menelik House Limited
Plaintiff
Francis Odumbe Osodo
Defendant
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion to Adopt Certificate of Taxation as Judgment
Legal Issues
- 1 Whether the certificate of taxation dated February 16, 2022 should be adopted as a judgment of the court.
- 2 Whether the defendant is entitled to execution orders based on the certificate of taxation.
- 3 Whether further execution orders should be granted at this stage or follow normal execution process.
Ratio Decidendi
The court found that the certificate of taxation issued by the Deputy Registrar on February 16, 2022, entitles the defendant to judgment for the taxed amount under Section 51 of the Advocates Act. However, the court declined to grant the additional execution-related prayers at this stage, holding that execution should proceed through the normal process as set out in the Civil Procedure Rules. The application was allowed only to the extent of adopting the certificate of taxation as a judgment of the court, and the defendant was awarded costs of the application.
Court Disposition
application allowed in part
Orders
- The certificate of taxation dated February 16, 2022 is adopted as a judgment of the court.
- The defendant is awarded costs of the application.
Full Case Text
Judgment text and source record
21 paragraphs
Menelik House Limited v Osodo (Environment & Land Case E003 of 2021) [2022] KEELC 15520 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEELC 15520 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E003 of 2021
JE Omange, J
December 19, 2022
Between
Menelik House Limited
Plaintiff
and
Francis Odumbe Osodo
Defendant
Ruling
1. The Notice of Motion application dated July 15, 2022 brought under Section 3 A of the Civil Procedure Act, Section 48, 51 of the Advocates Act, and Order 51 of the Civil Procedure Rulesseeks orders that the Certificate of Taxation dated February 16, 2022 be and is hereby adopted as a Judgement of the court.
2. The defendant advocate further seeks that the respondent be ordered to comply with the certificate of execution within 7 days and that the OCS Kilimani Police station supervise fulfilment of the order.
3. The advocates for the plaintiff opposed prayer 3,4 and 5 on the basis that that the orders sought should be raised before the Deputy Registrar. application is not opposed. The matter came up for directions on November 23, 2022 during which a Ruling date was given for today and parties given leave to file submissions. There are no submissions on record as at December 16, 2022.
4. A Certificate of Taxation was issued by the Deputy Registrar on February 16, 2022. Pursuant to the provisions of Section 51 of the Advocates Act, the defendant herein is entitled to Judgment for that amount.
5. The remaining prayers for execution of the court order should follow the normal execution process.
6. In the final result, the application is allowed in the following terms:-a.The certificate of taxation dated February 16, 2022 is hereby adopted as a judgement of the court.b.The defendant is awarded costs of the application.
Dated, signed and delivered at Nairobi this 19th day of December 2022. Judy OmangeJUDGEIn the presence of: -No appearance for the PlaintiffMr. Kimani for the DefendantSteve Musyoki - Court Assistant