[2025] KECA 549 (KLR)
The court found that there were no submissions filed by either party in support of or against the objection to the Deputy Registrar's taxation ruling. In the absence of any arguments or material placed before the court to challenge the propriety of the taxation decision, the court exercised its discretion to dismiss...
Source-derived case information.
- Citation
- [2025] KECA 549 (KLR)
- Parties
- Applicant: Thomas Mogeria Sioge; Respondent: Gilanis Supermarket Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 79 of 2021
- Procedural Posture
- Civil Appeal / Application to Revisit Taxation Ruling
- Outcome
- Objection to taxation dismissed with no order as to costs.
- Judges
- GV Odunga
- Legal Topics
- Taxation of Costs, Review of Taxation Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Mogeria Sioge
Applicant
Gilanis Supermarket Limited
Respondent
Procedural Posture
Civil Appeal / Application to Revisit Taxation Ruling
Legal Issues
- 1 Whether the objection to the Deputy Registrar's taxation ruling should be upheld or dismissed.
Ratio Decidendi
The court found that there were no submissions filed by either party in support of or against the objection to the Deputy Registrar's taxation ruling. In the absence of any arguments or material placed before the court to challenge the propriety of the taxation decision, the court exercised its discretion to dismiss the objection. The court further determined that there would be no order as to costs, given the circumstances of the application and the lack of substantive engagement by the parties.
Court Disposition
Objection to taxation dismissed with no order as to costs.
Orders
- The objection to taxation is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Sioge v Gilanis Supermarket Limited (Civil Appeal (Application) 79 of 2021) [2025] KECA 549 (KLR) (27 March 2025) (Ruling)
Neutral citation: [2025] KECA 549 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Civil Appeal (Application) 79 of 2021
GV Odunga, JA
March 27, 2025
Between
Thomas Mogeria Sioge
Applicant
and
Gilanis Supermarket Limited
Respondent
(An application to withdraw the Notice of Appeal dated 1st October 2021 from the judgment and decree of the Employment and Labour Relations Court (Wasilwa J.) delivered on 23rd September 2021 in NAKURU ELRC No. 357 of 2017 Civil Case 357 of 2017 )
Ruling
1. On 14th March 2024, the Deputy Registrar of this Court, Hon Lina Akoth, delivered a ruling on taxation in this matter. By a letter dated 30th March 2024, the respondent applied for the matter to be referred to a single Judge of this Court for the purposes of revisiting the said decision as its propriety. Directions were given on 31st July 2024 by the Deputy Registrar.
2. I have not had sight of any submissions filed by the parties.
3. Accordingly, the objection to taxation is hereby dismissed with no order as to costs.
4. It is so ordered.
DATED AND DELIVERED AT NAKURU THIS 27TH DAY OF MARCH 2025. G. V. ODUNGA........................JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR.