[2025] KECA 551 (KLR)
The Court found no submissions filed by either party in support or opposition to the objection to taxation. In the absence of any arguments or material placed before the Court to challenge the Deputy Registrar's ruling on taxation, the Judge dismissed the objection. The decision underscores that a party seeking...
Source-derived case information.
- Citation
- [2025] KECA 551 (KLR)
- Parties
- Applicant: Stephen Gitau Mwangi; Respondent: Gilanis Supermarket Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 80 of 2021
- Procedural Posture
- Civil Appeal / Application to Revisit Taxation Ruling
- Outcome
- Objection to taxation dismissed with no order as to costs.
- Judges
- GV Odunga
- Legal Topics
- Taxation of Costs, Review of Taxation, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Gitau Mwangi
Applicant
Gilanis Supermarket Limited
Respondent
Procedural Posture
Civil Appeal / Application to Revisit Taxation Ruling
Legal Issues
- 1 Whether the respondent's objection to the Deputy Registrar's taxation ruling should be upheld or dismissed.
Ratio Decidendi
The Court found no submissions filed by either party in support or opposition to the objection to taxation. In the absence of any arguments or material placed before the Court to challenge the Deputy Registrar's ruling on taxation, the Judge dismissed the objection. The decision underscores that a party seeking review or setting aside of a taxation ruling must provide substantive grounds or submissions to warrant judicial intervention.
Court Disposition
Objection to taxation dismissed with no order as to costs.
Orders
- The objection to taxation is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Mwangi v Gilanis Supermarket Limited (Civil Appeal (Application) 80 of 2021) [2025] KECA 551 (KLR) (27 March 2025) (Ruling)
Neutral citation: [2025] KECA 551 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Civil Appeal (Application) 80 of 2021
GV Odunga, JA
March 27, 2025
Between
Stephen Gitau Mwangi
Applicant
and
Gilanis Supermarket Limited
Respondent
((An application to withdraw the Notice of Appeal dated 1st October 2021 from the judgment and decree of the Employment and Labour Relations Court of kenya (Wasilwa J.) delivered on 23rd September 2021 in NAKURU ELRC No. 356 of 2017)
Ruling
1. On 14th March 2024, the Deputy Registrar of this Court, Hon. Lina Akoth, delivered a ruling on taxation in this matter. By a letter dated 30th March 2024, the respondent applied for the matter to be referred to a single Judge of this Court for the purposes of revisiting the said decision as its propriety. Directions were given on 31st July 2024 by the Deputy Registrar.
2. I have not had sight of any submissions filed by the parties.
3. Accordingly, the objection to taxation is hereby dismissed with no order as to costs.
4. It is so ordered.
DATED AND DELIVERED AT NAKURU THIS 27TH DAY OF MARCH 2025. G. V. ODUNGA….…………………….JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR.