[2021] KEHC 6517 (KLR)

[2021] KEHC 6517 (KLR)

The court found that the procedure adopted in executing the taxed bill of costs was irregular and did not comply with the requirements of the law. As a result, the decree permitting execution was irregularly procured. The court held that any execution carried out on the basis of such an irregular decree is invalid,...

Source-derived case information.

Citation
[2021] KEHC 6517 (KLR)
Parties
Plaintiff: Moiz Aliasger T/A Eldoret Glaziers Hardware; Defendant: Joel Gesuka T/A Skynest County Hotel
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Case Number
Miscellaneous Application 72 & 73 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Execution of Taxed Bill of Costs
Outcome
Application allowed; execution and consequential orders set aside.
Judges
LK Kimaru
Legal Topics
Execution of Costs, Irregular Execution, Setting Aside Orders
Source Language
en
Civil Procedure Execution of Costs Irregular Execution Setting Aside Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Moiz Aliasger T/A Eldoret Glaziers Hardware

Plaintiff

Joel Gesuka T/A Skynest County Hotel

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Execution of Taxed Bill of Costs

Legal Issues

  1. 1 Whether the execution of the taxed bill of costs was conducted in accordance with the law.
  2. 2 Whether the decree allowing execution was regularly procured.

Ratio Decidendi

The court found that the procedure adopted in executing the taxed bill of costs was irregular and did not comply with the requirements of the law. As a result, the decree permitting execution was irregularly procured. The court held that any execution carried out on the basis of such an irregular decree is invalid, and all consequential orders must be set aside. The party responsible for causing the irregular execution is liable for the auctioneer's costs. The court further directed that these orders apply to both Miscellaneous Application No. 72 and 73 of 2019.

Court Disposition

Application allowed; execution and consequential orders set aside.

Orders

  • The decree allowing execution is set aside together with all consequential orders.
  • The person who caused the execution to be effected shall pay the auctioneer's costs.