[2025] KEELC 5282 (KLR)
The court found that the applicant had not demonstrated any effort to administratively seek a date for delivery of the pending ruling on the bill of costs before the Deputy Registrar. The court further held that intervening in a matter pending before a subordinate court would amount to acting outside its...
Source-derived case information.
- Citation
- [2025] KEELC 5282 (KLR)
- Parties
- Applicant: George Awuor Okullo; Defendant: China Wuyi Company Limited; Third Party: Jack Baraza; Third Party: Benard Aliwa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 289 of 2017
- Procedural Posture
- Notice of Motion / Ruling on Application for Leave to Execute Decree Before Taxation of Costs
- Outcome
- application dismissed
- Judges
- MN Kullow
- Legal Topics
- Execution of Decree, Taxation of Costs, Leave to Execute, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Awuor Okullo
Applicant
China Wuyi Company Limited
Defendant
Jack Baraza
Third Party
Benard Aliwa
Third Party
Procedural Posture
Notice of Motion / Ruling on Application for Leave to Execute Decree Before Taxation of Costs
Legal Issues
- 1 Whether the court can grant leave to execute a decree before taxation of costs is completed.
- 2 Whether intervention by the court is proper when a ruling before the Taxing Master is pending.
Ratio Decidendi
The court found that the applicant had not demonstrated any effort to administratively seek a date for delivery of the pending ruling on the bill of costs before the Deputy Registrar. The court further held that intervening in a matter pending before a subordinate court would amount to acting outside its jurisdiction. Consequently, the application for leave to execute the decree before taxation of costs was found to be without merit and was dismissed. The court emphasized that the proper procedure is to await the outcome of the taxation process before seeking execution, unless exceptional circumstances are shown, which was not the case here.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 19/11/2023 is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
Okullo v China Wuyi Company Limited; Baraza & another (Third party) (Environment & Land Case 289 of 2017) [2025] KEELC 5282 (KLR) (17 March 2025) (Ruling)
Neutral citation: [2025] KEELC 5282 (KLR)
Republic of Kenya
In the Environment and Land Court at Migori
Environment & Land Case 289 of 2017
MN Kullow, J
March 17, 2025
Between
George Awuor Okullo
Applicant
and
China Wuyi Company Limited
Defendant
and
Jack Baraza
Third party
Benard Aliwa
Third party
Ruling
1. The Plaintiff/Decree holder/Applicant had by way of a Notice of Motion dated 19/11/2023 brought under Section 34, 63(b) and 94 of the Civil Procedures Rules and order 50 Rule 1 of the Civil Procedures Rules 2010 sought for the following Order:i.Spentii.That the honourable court be pleased to grant leave to the Plaintiff/Decree Holder to execute the decree dated 4/12/2019 before the taxation of cost.
2. The Application is based on the grounds that though Judgment in the matter herein was entered against the Defendant on 3/12/2019, the same is yet to be settled by Judgement Debtor.
3. Further that though a Bill of Costs was handed before the Deputy Registrar of the court, and the same heard as Ruling has been delivered on the same since 18/8/2020 and … sum is colossal and stands at Kshs. 13,150,430/- as at 4/12/2019 and continues to accrue interests.
4. Lastly that the Judgement Debtor is a foreign based Company and they may not be solvent at time of execution. – Finally
5. The Application was further supported by the Affidavit of Robert Ouma Njoya Advocates who deponed and expounded on the facts as stated in the grounds and annexed hereto the Application.
6. I have considered the Application and the grounds of opposition hereto and the Supporting Affidavit and I find that the Application is not opposed. However, the main issue for determination is whether the court can proceed to order for execution of a decree which a Ruling before the Taxing Master is still pending.
7. A Decree essentially contains the Judgment of the court together with costs of the suit to be taxed by the Taxing Master. The Applicant in the Instant Case contends that the Ruling on the Bill of Costs has been pending before the Deputy Registrar since 18/8/2020. However, I have looked at the Annexures of the Application and I find no effort on the part of the Applicant to administratively enquire or request for a date when the said Ruling will be delivered and further also the intervention of this court on an outstanding Ruling before a subordinate court before it will amount to acting outside its Jurisdiction and I consequently find that the notice of Motion dated 19/11/2023 is not merited and the same is hereby dismissed with no orders as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 17THDAY OF MARCH, 2025. MOHAMMED N. KULLOWJUDGEIn the presence of:Vincent Court AssistantNo appearance For the PlaintiffNo appearance for the Defendant