[2021] KEELC 1798 (KLR)
The court found that the 1st respondent had demonstrated sufficient cause, namely economic hardship, for being unable to pay the taxed costs in a lump sum. Exercising its discretion under the Civil Procedure Rules and the Civil Procedure Act, the court allowed the 1st respondent to liquidate the taxed costs in equal...
Source-derived case information.
- Citation
- [2021] KEELC 1798 (KLR)
- Parties
- Applicant: Rabala & Co. Advocates; Respondent: Tom Odago Opiyo; Respondent: Maangi Otieno & Co. Advocates
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 196 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Payment of Taxed Costs by Instalments
- Outcome
- application allowed
- Judges
- LC Komingoi
- Legal Topics
- Taxation of Costs, Instalment Payment Orders, Execution of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rabala & Co. Advocates
Applicant
Tom Odago Opiyo
Respondent
Maangi Otieno & Co. Advocates
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Payment of Taxed Costs by Instalments
Legal Issues
- 1 Whether the 1st respondent should be allowed to pay the taxed costs by monthly instalments.
- 2 Whether the court should grant a stay of execution pending payment by instalments.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the 1st respondent had demonstrated sufficient cause, namely economic hardship, for being unable to pay the taxed costs in a lump sum. Exercising its discretion under the Civil Procedure Rules and the Civil Procedure Act, the court allowed the 1st respondent to liquidate the taxed costs in equal monthly instalments of Kshs. 30,000, effective from 5th November 2021 and on the 5th day of each succeeding month. The court further ordered that in default of any one instalment, execution would issue. The costs of the application were ordered to be borne by the 1st respondent/applicant.
Court Disposition
application allowed
Orders
- The 1st respondent/applicant is allowed to liquidate the taxed costs in equal monthly instalments of Kshs. 30,000/- till payment in full with effect from 5th November 2021 and on the 5th day of each succeeding month.
- In default of any one instalment, execution to issue.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELCMISC. APP.NO.196 OF 2018
RABALA & CO. ADVOCATES.........................................APPLICANT
VERSUS
TOM ODAGO OPIYO........................................….1ST RESPONDENT
MAANGI OTIENO & CO. ADVOCATES............2ND RESPONDENT
RULING
1. This is the Notice of Motion dated 19th January 2021 brought under order 51 rule 1, order 21 rule 12 and order 22 rule 22 of the Civil Procedure Rules and under section 3A of the Civil Procedure Act Laws of Kenya.
2. It seeks orders:-
1. Spent.
2. Spent.
3. That this honourable court be pleased to allow the 1st respondent/applicant to pay the amount taxed Kshs.497,964/- in equal monthly instalments of Kshs.10,000/- till payment in full. The first instalment to be paid as may be ordered by the court.
4. That this honourable court be pleased to make such orders as it may deem fit and convenient for the end of justice.
5. That the costs of this application be provided for.
3. The grounds are on the face of the application and are set out in paragraphs (a) and (e).
4. The application is supported by the affidavit of Tom Odago Opiyo, the 1st respondent herein sworn on the 19th January 2021.
5. It appears the application is not opposed.
6. I have considered the application and the affidavit in support.
7. It is the 1st respondent’s case that he is unable to settle the applicant’s bill of costs due to the current economic constraints.
8. I find merit in the application and I grant the orders sought.
(a) That the 1st respondent/applicant is hereby allowed to liquidate the taxed costs in equal monthly instalments of Kshs. 30,000/- till payment in full with effect from 5th November 2021 and on the 5th day of each succeeding months. In default of any one instalment execution to issue.
(b) That costs of this application be borne by the 1st respondent/applicant.
It is so ordered.
Dated, signed and delivered in Nairobi on this 30th day of September 2021.
……………………….
L. KOMINGOI
JUDGE
In the presence of:-
Mr. Rabala for the Applicant
Mr. Amimo for Mrs. Otieno for the Respondents
Steve - Court Assistant