[1985] KEHC 99 (KLR)
The court, having considered the application by the objector under order XXI rule 57 of the Civil Procedure Rules and noting the absence of opposition from the auctioneer, found merit in the objector's request for costs. The court therefore ordered that the costs of the application be paid to the objector, in...
Source-derived case information.
- Citation
- [1985] KEHC 99 (KLR)
- Parties
- Applicant: George Kariuki Karanja; Respondent: Ngaruiya; Respondent: 2 Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 873 of 1973
- Procedural Posture
- Civil Suit / Order on Application Under Order Xxi Rule 57
- Outcome
- application allowed; costs awarded to objector
- Legal Topics
- Execution Proceedings, Objection to Attachment, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Kariuki Karanja
Applicant
Ngaruiya
Respondent
2 Others
Respondent
Procedural Posture
Civil Suit / Order on Application Under Order Xxi Rule 57
Legal Issues
- 1 Whether the objector is entitled to the costs of the application under order XXI rule 57 of the Civil Procedure Rules.
Ratio Decidendi
The court, having considered the application by the objector under order XXI rule 57 of the Civil Procedure Rules and noting the absence of opposition from the auctioneer, found merit in the objector's request for costs. The court therefore ordered that the costs of the application be paid to the objector, in accordance with the applicable procedural rules governing execution and objections thereto.
Court Disposition
application allowed; costs awarded to objector
Orders
- The costs of this application be paid to the objector.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
Muriuki v Ngaruiya & 2 Others High Court, at Nairobi March 8, 1985 Trainor J
Civil Suit No 873 of 1973
Cases No cases referred to.
Statutes Civil Procedure Rules order XXI rule 57
March 8, 1985, Trainor J delivered the following Order.
Upon reading this application presented to this court on November 22, 1984 by counsel for the objector/applicant under order XXI rule 57 of the Civil Procedure Rules supported by the affidavit of George Kariuki Karanja the objector sworn on November 21, 1984 and upon hearing counsel for the objector in the absence of auctioneer it is ordered:
(b) That the costs of this application be paid to the objector.
Given under my hand and the seal of the court this March 8, 1985.