[2020] KEHC 2770 (KLR)

[2020] KEHC 2770 (KLR)

The court found that the respondent, having failed to pay the costs and having offered the attached goods for execution, was the party responsible for the escalation of the matter to the point of instructing auctioneers. The court held that the respondent must bear the auctioneer's costs, as the appellant was...

Source-derived case information.

Citation
[2020] KEHC 2770 (KLR)
Parties
Appellant: Security Group (K) Ltd; Respondent: Samuel Itotia
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
22 May 2020
Case Number
Civil Appeal 150 of 2016
Procedural Posture
Civil Appeal / Ruling on Costs Following Compromise by Consent
Outcome
Auctioneer's costs to be borne by the respondent.
Judges
DO Ohungo
Legal Topics
Costs Awards, Auctioneer Costs, Party to Party Costs
Source Language
english
Civil Procedure Costs Awards Auctioneer Costs Party to Party Costs

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Summary, issues, holding and outcome

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Parties

Security Group (K) Ltd

Appellant

Samuel Itotia

Respondent

Procedural Posture

Civil Appeal / Ruling on Costs Following Compromise by Consent

Legal Issues

  1. 1 Who should bear the auctioneer's costs after the compromise of the appeal by consent.

Ratio Decidendi

The court found that the respondent, having failed to pay the costs and having offered the attached goods for execution, was the party responsible for the escalation of the matter to the point of instructing auctioneers. The court held that the respondent must bear the auctioneer's costs, as the appellant was compelled to seek execution only due to the respondent's default. The compromise by consent resolved all other issues except for the allocation of auctioneer's costs, which the court determined should be borne by the respondent in accordance with the principle that a party whose actions necessitate execution should pay the associated costs.

Court Disposition

Auctioneer's costs to be borne by the respondent.

Orders

  • The respondent shall bear the auctioneer's costs.