[2024] KEELC 6507 (KLR)
The court found that it had already concluded the appeal on 17th July 2023 and was therefore functus officio, lacking jurisdiction to entertain the present application. The applicant had not appealed the judgment nor prosecuted the application for six months. The court determined that the application was an attempt...
Source-derived case information.
- Citation
- [2024] KEELC 6507 (KLR)
- Parties
- Appellant: Silas Mwirigi; Appellant: Colleta Mukami; Appellant: Christopher Miriti; Respondent: Stanley Kimathi Peter
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 016 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Application to Stay Taxation of Costs
- Outcome
- application dismissed with costs to the respondent
- Judges
- PM Njoroge
- Legal Topics
- Stay of Taxation, Functus Officio, Pending Petition, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Mwirigi
Appellant
Colleta Mukami
Appellant
Christopher Miriti
Appellant
Stanley Kimathi Peter
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application to Stay Taxation of Costs
Legal Issues
- 1 Whether the court should stay taxation of the respondent's bill of costs pending determination of a related petition.
- 2 Whether the court is functus officio after concluding the appeal.
- 3 Whether the applicant's failure to prosecute the application or appeal the judgment affects entitlement to the orders sought.
Ratio Decidendi
The court found that it had already concluded the appeal on 17th July 2023 and was therefore functus officio, lacking jurisdiction to entertain the present application. The applicant had not appealed the judgment nor prosecuted the application for six months. The court determined that the application was an attempt to delay the taxation of costs, and there was no legal basis to stay or set aside the respondent's bill of costs. Accordingly, the application was dismissed and costs awarded to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application dated 14th March, 2024 is dismissed.
- Costs are awarded to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
Mwirigi & 2 others v Peter (Environment and Land Appeal 016 of 2021) [2024] KEELC 6507 (KLR) (8 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6507 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal 016 of 2021
PM Njoroge, J
October 8, 2024
Between
Silas Mwirigi
1st Appellant
Colleta Mukami
2nd Appellant
Christopher Miriti
3rd Appellant
and
Stanley Kimathi Peter
Respondent
Ruling
1. This application is dated 14th March, 2024 and seeks orders;1. That this application be considered and heard first before taxation of the Respondent’s Bill of costs dated 30th October, 2023. 2.The taxation of the Respondent’s costs be stayed to await determination of Isiolo Environment and Land Court ELC Petition No. 5 of 2023. 3.Other direction/orders as may be prudent.
2. The application is supported by the undated affidavit of CHRISTOPHER MIRITI, the applicant and has the following grounds;1. That there is a pending petition.2. That the matters in the pending petition relates (sic) to this Appeal3. That the parties in the said petition are also parties in this Appeal and consequently the respondents bill of cost (sic).4. That it is in the interest of justice that the said Bill of Costs be set aside.
3. On 7/9/2024, advocate Mokua asked the court to dismiss the application on 3 main grounds;a.Since filing the application 6 months ago, the applicant has not prosecuted the application.b.The court is functus officio.c.The applicant never appealed the court’s judgment.
4. I have considered the application and the oral submissions made by the respondent’s Advocate. I agree that the appeal in this matter was concluded on 17th July, 2023 one and half years ago. By dint of this fact, I find that this court is functus officio.I also note that the applicant has never appealed against this court’s judgment.
5. In the circumstances, I find that the application is merely aimed at obviating the impending taxation of costs. I, therefore, issue the following orders;a.This application is hereby dismissed.b.Costs shall follow the event and are awarded to the respondent.
DELIVERED IN OPEN COURT AT ISIOLO THIS 8TH DAY OF OCTOBER, 2024 IN THE PRESENCE OF:Court assistant: Balozi/RahmaMokua for the RespondentHON. JUSTICE P.M NJOROGEJUDGE