[2014] KEHC 8140 (KLR)

[2014] KEHC 8140 (KLR)

The court held that since the appellant had fully succeeded in his appeal, as evidenced by the consent order allowing all substantive prayers, the general rule that costs follow the event applied. There was no good cause shown to depart from this rule. Therefore, the appellant was entitled to the costs of the appeal. The court exercised its discretion in line with section 27(1) of the Civil Procedure Act and awarded costs to the appellant.

Citation
[2014] KEHC 8140 (KLR)
Parties
Appellant: Samuel Mallel Tanui; Respondent: Commissioner-General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
30 July 2014
Case Number
Civil Appeal 13 of 2014
Procedural Posture
Civil Appeal / Ruling on Costs After Consent Judgment
Outcome
Costs of the appeal awarded to the appellant.
Judges
DW Mbuteti
Legal Topics
Costs Award, Tax Demand Notices, Agency Notices, Appeal Disposition
Source Language
English
Civil Procedure Tax Law Costs Award Tax Demand Notices Agency Notices Appeal Disposition

Case Brief

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Parties

Samuel Mallel Tanui

Appellant

Commissioner-General

Respondent

Procedural Posture

Civil Appeal / Ruling on Costs After Consent Judgment

Legal Issues

  1. 1 Whether the appellant, having succeeded in the appeal by consent, is entitled to costs of the appeal.
  2. 2 Whether there exists good cause to deny the successful party costs contrary to the general rule.

Ratio Decidendi

The court held that since the appellant had fully succeeded in his appeal, as evidenced by the consent order allowing all substantive prayers, the general rule that costs follow the event applied. There was no good cause shown to depart from this rule. Therefore, the appellant was entitled to the costs of the appeal. The court exercised its discretion in line with section 27(1) of the Civil Procedure Act and awarded costs to the appellant.

Court Disposition

Costs of the appeal awarded to the appellant.

Orders

  • The appellant is awarded the costs of the appeal.