[2023] KEELC 20721 (KLR)
The court held that in cases involving party and party costs, once the taxing officer has taxed the bill of costs and issued a certificate of taxation, the successful party is entitled to execute the decree without the need for a further judgment. The application for entry of judgment post-taxation was therefore...
Source-derived case information.
- Citation
- [2023] KEELC 20721 (KLR)
- Parties
- Appellant: Jane Nyambura Muiruri; Respondent: Stanley Kinyanjui Mwaniki (As the Representative of Mwaniki Gikunga - Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 43 of 2020
- Procedural Posture
- Environment and Land Appeal / Ruling on Post Taxation Application for Entry of Judgment
- Outcome
- application struck out
- Judges
- BM Eboso
- Legal Topics
- Taxation of Costs, Party and Party Costs, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Nyambura Muiruri
Appellant
Stanley Kinyanjui Mwaniki (As the Representative of Mwaniki Gikunga - Deceased)
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Post Taxation Application for Entry of Judgment
Legal Issues
- 1 Whether entry of judgment is required after taxation of party and party costs in an appeal.
- 2 Whether the respondent requires a further judgment to execute the taxed costs.
Ratio Decidendi
The court held that in cases involving party and party costs, once the taxing officer has taxed the bill of costs and issued a certificate of taxation, the successful party is entitled to execute the decree without the need for a further judgment. The application for entry of judgment post-taxation was therefore unnecessary and misconceived, as the legal framework does not require a separate judgment for execution of taxed party and party costs. The respondent, having obtained a certificate of taxation, is at liberty to proceed with execution based on that certificate.
Court Disposition
application struck out
Orders
- The application dated September 18, 2023 is struck out for being misconceived.
Full Case Text
Judgment text and source record
17 paragraphs
Muiruri v Mwaniki (As the Representative of Mwaniki Gikunga - Deceased) (Environment and Land Appeal 43 of 2020) [2023] KEELC 20721 (KLR) (16 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20721 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment and Land Appeal 43 of 2020
BM Eboso, J
October 16, 2023
Between
Jane Nyambura Muiruri
Appellant
and
Stanley Kinyanjui Mwaniki (As the Representative of Mwaniki Gikunga - Deceased)
Respondent
Ruling
1. The application dated September 18, 2023 seeks entry of judgment in terms of the taxed costs. I have looked at the ruling of the taxing officer and the certificate of taxation. It is clear that the taxing officer taxed a party and party bill of costs in this appeal. The requirement for entry of judgment post-taxation does not arise in a case of party and party costs. There is already a judgment in this suit. Having obtained a certificate of taxation, the respondent in the appeal is at liberty to execute the decree. He does not require another judgment.
2. For the above reasons, the court finds that the application dated September 18, 2023 is unnecessary. The said application is struck out for being misconceived.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 16TH DAY OF OCTOBER 2023B M EBOSOJUDGEIn the Presence of: -Appellant - Jane Nyambura present in personRespondent – Mr MumoCourt Assistant: Osodo/Hinga