[2021] KEELC 3253 (KLR)
The court found that the plaintiff's advocate had repeatedly indicated willingness to pay the costs but failed to appear or provide an update on the scheduled date. Given the lack of progress and the defendants' right to recover awarded costs, the court granted the defendants liberty to move for execution to enforce...
Source-derived case information.
- Citation
- [2021] KEELC 3253 (KLR)
- Parties
- Plaintiff: M’Nyeri M’Rimunya; Defendant: Beth Kaari; Defendant: Prudence Mukiri; Defendant: Phares Gitari Nkoroi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 221 of 2017
- Procedural Posture
- Land and Property / Ruling on Execution of Costs
- Outcome
- Defendants granted liberty to apply for execution of costs; further directions scheduled.
- Legal Topics
- Execution of Costs, Estate Administration, Adjournment, Warrants of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
M’Nyeri M’Rimunya
Plaintiff
Beth Kaari
Defendant
Prudence Mukiri
Defendant
Phares Gitari Nkoroi
Defendant
Procedural Posture
Land and Property / Ruling on Execution of Costs
Legal Issues
- 1 Whether the defendants should be granted liberty to apply for a warrant of execution for costs awarded against the plaintiff.
- 2 Whether the plaintiff's absence and delay in payment of costs justifies granting execution rights to the defendants.
Ratio Decidendi
The court found that the plaintiff's advocate had repeatedly indicated willingness to pay the costs but failed to appear or provide an update on the scheduled date. Given the lack of progress and the defendants' right to recover awarded costs, the court granted the defendants liberty to move for execution to enforce payment. The court also set a further mention date for directions, ensuring procedural fairness while enabling the defendants to pursue recovery of costs.
Court Disposition
Defendants granted liberty to apply for execution of costs; further directions scheduled.
Orders
- The defendants are at liberty to move appropriately so that the plaintiff can pay the amount claimed as costs.
- Directions to be given on 22.6.2021.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 221 OF 2017
M’NYERI M’RIMUNYA.......................PLAINTIFF
VERSUS
BETH KAARI................................1ST DEFENDANT
PRUDENCE MUKIRI...................2ND DEFENDANT
PHARES GITARI NKOROI........3RD DEFENDANT
RULING
1. This is a matter that has come up a number of times. Several times, the court has been told by the plaintiff’s advocates that they are willing to pay the subject matter, which is costs. We have adjourned this matter several times after being told the plaintiff’s estate has been awaiting confirmation of grant so that they can pay the amount of money in question. On 24th February, 2021, the plaintiff’s advocate told the court that the matter would come up in the High Court on 13. 5.2021. The advocate personally asked the court to have the matter mentioned on 24. 5.2021.
2. On 24. 5.2021, the plaintiff’s advocate did not come to court.
3. Mr. Ndungu, holding brief for Mr. Munyori, the defendants’ advocate told the court that in the absence of the plaintiff’s advocate, the court could not be told if or if not the plaintiff was in a position to pay the claimed amount. He asked the court to give the defendants the liberty to apply for a warrant of execution.
4. The following orders are issued:
a. The defendants are at liberty to move appropriately so that the plaintiff can pay the amount claimed as costs and which the plaintiff’s advocate has all along intimated that he was willing to pay.
b. Directions on 22. 6.2021.
DELIVERED IN OPEN COURT AT CHUKA THIS 24TH DAY OF MAY, 2021 IN THE PRESENCE OF: CA: Ndegwa
Linus Ndung’u h/b Munyori for the defendants
P. M. NJOROGE,
JUDGE.