[2019] KEHC 3004 (KLR)
The court clarified that its previous judgment explicitly awarded only 20% of the taxed costs of the appeal to the appellant, and no costs to the respondent. The respondent is not entitled to the remaining 80% of the costs by implication. The Deputy Registrar is directed to tax the costs in accordance with this...
Source-derived case information.
- Citation
- [2019] KEHC 3004 (KLR)
- Parties
- Appellant: Nzioka David & Another; Respondent: Jacinta Nduku Musyoki & Another
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 254 of 2017
- Procedural Posture
- Civil Appeal / Post Judgment Directions on Costs
- Outcome
- Directions issued clarifying costs award; only appellant to receive 20% of taxed costs; respondent not entitled to any costs.
- Judges
- CM Kariuki
- Legal Topics
- Costs Award, Taxation of Costs, Court Discretion on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nzioka David & Another
Appellant
Jacinta Nduku Musyoki & Another
Respondent
Procedural Posture
Civil Appeal / Post Judgment Directions on Costs
Legal Issues
- 1 Whether the appellant is entitled to the full costs of the appeal or only a portion thereof.
- 2 Whether the respondent is entitled to any costs of the appeal.
- 3 How the court's previous order on costs should be interpreted and implemented.
Ratio Decidendi
The court clarified that its previous judgment explicitly awarded only 20% of the taxed costs of the appeal to the appellant, and no costs to the respondent. The respondent is not entitled to the remaining 80% of the costs by implication. The Deputy Registrar is directed to tax the costs in accordance with this order, and only the appellant is to receive 20% of the taxed costs. The court exercised its discretion under Section 27 of the Civil Procedure Act in making this determination, and the judgment is to be implemented as stated without further interpretation or addition.
Court Disposition
Directions issued clarifying costs award; only appellant to receive 20% of taxed costs; respondent not entitled to any costs.
Orders
- Appellant to receive 20% of the taxed costs of the appeal.
- Respondent not entitled to any costs of the appeal.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
CIVIL APPEAL NO. 254 OF 2017
NZIOKA DAVID & ANOTHER....................................APPLICANTS
VERSUS
JACINTA NDUKU MUSYOKI & ANOTHER.........RESPONDENTS
DIRECTIONS
This court has been moved via letter dated 12/9/019 with an attached order of the Deputy Registrar of High Court, Makueni seeking directions on judgement tendered on 23/1/019 in regard to the costs of the appeal. Thus the court makes the following directions.
The court on clause III ordered that costs to the Appellant was to be taxed to the extent of the full award made at a rate of 20%. This means that, once the costs of award are taxed, the appellant will only get 20% of the same .The respondent is not getting any of the appeal costs. There was no award of costs to the Respondent.
Under Section 27 CPA Cap. 21. The court awards costs at its discretion. See also Little African Kenya Ltd vs Andrew Mwiti Jason [2010] eKLR. Courts Judgment was very explicit that only respondent was to get a token of 20% of costs payment in the appeal based on the final amount awarded by the court. Thus the Respondent cannot read in the words that if 20% of costs was given to the Appellant, automatically 80% must have been for Respondent’s side.
The Deputy Registrar shall only entertain taxation on full award made by the court for costs to the stated party without further ado.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MAKUENI THIS 11TH DAY OF OCTOBER, 2019.
......................
C. KARIUKI
JUDGE