[2024] KEELC 591 (KLR)
The court held that since there is already a taxed bill of costs and no stay of execution has been granted in respect of the pending reference, the application to convert the taxed bill into a judgment is allowed. The court further noted that the pending reference will address the propriety of the taxation, but this...
Source-derived case information.
- Citation
- [2024] KEELC 591 (KLR)
- Parties
- Plaintiff: Maurizio Nardielo; Plaintiff: Maurizio Copordarca; Plaintiff: Testa Giancarlo; Plaintiff: Frerica Francesco; Defendant: SBM Bank Limited; Defendant: Tropicana Hotels Limited; Defendant: Keysian Auctioneers
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 143 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Application to Convert Taxed Bill of Costs Into Judgment
- Outcome
- application allowed
- Judges
- EK Makori
- Legal Topics
- Taxation of Costs, Conversion of Bill to Judgment, Advocates Remuneration Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Maurizio Nardielo
Plaintiff
Maurizio Copordarca
Plaintiff
Testa Giancarlo
Plaintiff
Frerica Francesco
Plaintiff
SBM Bank Limited
Defendant
Tropicana Hotels Limited
Defendant
Keysian Auctioneers
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application to Convert Taxed Bill of Costs Into Judgment
Legal Issues
- 1 Whether the taxed bill of costs should be converted into a judgment of the court against the 1st defendant.
- 2 Whether the existence of a pending reference against taxation precludes conversion of the bill into judgment.
Ratio Decidendi
The court held that since there is already a taxed bill of costs and no stay of execution has been granted in respect of the pending reference, the application to convert the taxed bill into a judgment is allowed. The court further noted that the pending reference will address the propriety of the taxation, but this does not bar the conversion of the bill into a judgment at this stage. The court emphasized the need for orderly determination of outstanding issues, clarifying that execution is not yet underway and the reference will be considered on its merits.
Court Disposition
application allowed
Orders
- The application dated 14th September 2023 is allowed.
- The taxed bill of costs is converted into a judgment of this court against the 1st defendant.
Full Case Text
Judgment text and source record
30 paragraphs
Nardielo & 3 others v SBM Bank Limited & 2 others (Environment & Land Case 143 of 2018) [2024] KEELC 591 (KLR) (8 February 2024) (Ruling)
Neutral citation: [2024] KEELC 591 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case 143 of 2018
EK Makori, J
February 8, 2024
Between
Maurizio Nardielo
1st Plaintiff
Maurizio Copordarca
2nd Plaintiff
Testa Giancarlo
3rd Plaintiff
Frerica Francesco
4th Plaintiff
and
SBM Bank Limited
1st Defendant
Tropicana Hotels Limited
2nd Defendant
Keysian Auctioneers
3rd Defendant
Ruling
1. The application dated 14th September 2023 seeks to have a bill of costs taxed by the Taxing Master at Kshs 378, 284. 40/- be converted as a judgment of this Court against the 1st defendant.
2. The applicant averred that all the procedure leading to the taxation was fulfilled and the application stands germane.
3. The application is opposed on grounds that there is already a Reference filed vide application dated January 4, 2023 which this Court ought to determine first.
4. Since there is already a taxed Bill of Costs, the application dated 14th September 2023 is allowed. The bill is hereby converted to a judgment of this Court.
5. The Reference filed against the Taxation will at the same time also address the issue as to whether that bill was properly taxed in accordance with the relevant Advocates Remuneration Order This will lead to an orderly determination of the issues still outstanding since execution is not yet up.
DATED, SIGNED, AND DELIVERED AT MALINDI VIRTUALLY ON THIS 8TH DAY OF FEBRUARY 2024. E. K. MAKORIJUDGEIn the Presence of:Ms. Gwahalla for the 1st defendantCC HappyIn the absence of:Mr. Staussi for the Defendants