[2024] KEHC 16238 (KLR)
The court found that the applicant did not participate in the taxation of the bill of costs and, in the interest of justice, granted a stay of execution of the ruling dated 21 September 2024. The court further directed that the bill be taxed afresh to ensure fairness and due process. The absence of participation by...
Source-derived case information.
- Citation
- [2024] KEHC 16238 (KLR)
- Parties
- Applicant: Boniface Gabriel Owuor; Respondent: Modern Coast Express Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E852 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Stay of Execution and Re Taxation
- Outcome
- application allowed
- Judges
- LP Kassan
- Legal Topics
- Stay of Execution, Taxation of Costs, Ex Parte Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Gabriel Owuor
Applicant
Modern Coast Express Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Stay of Execution and Re Taxation
Legal Issues
- 1 Whether a stay of execution should be granted pending re-taxation of the bill of costs.
- 2 Whether the bill of costs should be taxed afresh where the applicant did not participate in the initial taxation.
Ratio Decidendi
The court found that the applicant did not participate in the taxation of the bill of costs and, in the interest of justice, granted a stay of execution of the ruling dated 21 September 2024. The court further directed that the bill be taxed afresh to ensure fairness and due process. The absence of participation by the respondent in the current application was noted, but did not affect the court's decision to grant the orders sought by the applicant.
Court Disposition
application allowed
Orders
- Stay of execution of the ruling dated 21 September 2024 is granted.
- The bill of costs shall be taxed afresh.
Full Case Text
Judgment text and source record
18 paragraphs
Owuor v Modern Coast Express Limited (Miscellaneous Application E852 of 2024) [2024] KEHC 16238 (KLR) (Civ) (19 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16238 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Application E852 of 2024
LP Kassan, J
December 19, 2024
Between
Boniface Gabriel Owuor
Applicant
and
Modern Coast Express Limited
Respondent
Ruling
1. This is an exparte chamber summons dated 8th September 2024 seeking several orders including stay of execution of a Ruling dated 21 September 2024. Despite service the Respondent did not participate or file Replying affidavit. I have looked at the said Ruling and noted that the Applicant herein did not participate before the bill was taxed. For the best interest of justice, I shall issue orders of stay of execution and direct that the bill be taxed afresh. Consequently, this matter will be mentioned on 20th January 2025.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 19THDAY OF DECEMBER 2024. L. KASSANJUDGEIn the presence of:No appearance for partiesCarol – Court Assistant