[2023] KEHC 20288 (KLR)
The court found that the only outstanding issue after compromise of the appeal was the respondent's costs for the application seeking leave to appeal out of time. The respondent's claim for KES 120,000 was considered, but the court assessed the reasonable costs at KES 40,000, exercising its discretion under the...
Source-derived case information.
- Citation
- [2023] KEHC 20288 (KLR)
- Parties
- Appellant: Wilfred Nyachoti Nyang’au; Respondent: Benson Syengo Muthoka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E355 of 2022
- Procedural Posture
- Civil Miscellaneous Application / Ruling on Costs After Compromise of Appeal
- Outcome
- Costs assessed in favour of the respondent; appellant granted 30 days stay of execution.
- Judges
- AN Ongeri
- Legal Topics
- Costs Award, Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Nyachoti Nyang’au
Appellant
Benson Syengo Muthoka
Respondent
Procedural Posture
Civil Miscellaneous Application / Ruling on Costs After Compromise of Appeal
Legal Issues
- 1 What is the appropriate quantum of costs payable to the respondent for the application seeking leave to appeal out of time.
Ratio Decidendi
The court found that the only outstanding issue after compromise of the appeal was the respondent's costs for the application seeking leave to appeal out of time. The respondent's claim for KES 120,000 was considered, but the court assessed the reasonable costs at KES 40,000, exercising its discretion under the Civil Procedure Act. The appellant was granted a 30-day stay of execution to process the payment.
Court Disposition
Costs assessed in favour of the respondent; appellant granted 30 days stay of execution.
Orders
- The respondent is awarded costs of KES 40,000 for the application seeking leave to appeal out of time.
- The appellant is granted a stay of execution of 30 days to process the payment.
Full Case Text
Judgment text and source record
21 paragraphs
Nyang’au v Muthoka (Civil Miscellaneous Application E355 of 2022) [2023] KEHC 20288 (KLR) (Civ) (10 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20288 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Miscellaneous Application E355 of 2022
AN Ongeri, J
July 10, 2023
Between
Wilfred Nyachoti Nyang’au
Appellant
and
Benson Syengo Muthoka
Respondent
Ruling
1. The sole issue for determination in this ruling is the respondent’s costs for the application seeking leave to appeal out of time.
2. The appeal was compromised by the parties and the only outstanding issue was costs of the respondent for the said application.
3. The respondent is seeking or kshs 120,000/= for the said application.
4. The appellant did not make any offer.
5. The costs are assessed at ksh 40,000/=. The appellant is granted stay of execution of 30 days to process the payment.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 10TH DAY OF JULY, 2023. ………………………A. N. ONGERIJUDGEIn the presence of:……………………………. for the Appellant.................................. for the Respondent