[2024] KEHC 410 (KLR)
The court found that, although the parties had reached a settlement and agreed to withdraw the appeal and related matters, there was no consent on costs. The respondent had incurred expenses in defending the applications for stay of execution, which were dismissed with costs. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2024] KEHC 410 (KLR)
- Parties
- Appellant: Jesca Taaka Wanyonyi; Respondent: David Mwangi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E124 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Withdrawal and Costs After Settlement
- Outcome
- Appeal and related series matters marked as withdrawn and closed; costs awarded to respondent.
- Judges
- RE Aburili
- Legal Topics
- Withdrawal of Appeal, Costs Award, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jesca Taaka Wanyonyi
Appellant
David Mwangi
Respondent
Procedural Posture
Civil Appeal / Ruling on Withdrawal and Costs After Settlement
Legal Issues
- 1 Whether the appeal and related series matters should be marked as withdrawn following settlement.
- 2 Whether the respondent is entitled to costs despite the amicable settlement.
- 3 What quantum of costs is appropriate in the circumstances.
Ratio Decidendi
The court found that, although the parties had reached a settlement and agreed to withdraw the appeal and related matters, there was no consent on costs. The respondent had incurred expenses in defending the applications for stay of execution, which were dismissed with costs. The court exercised its discretion to award the respondent Kshs.10,000 per file for each of the eight consolidated appeal files, totaling Kshs.80,000, to be paid within sixty days, failing which execution could issue. The appeals were marked as withdrawn and closed, save for the quantified costs.
Court Disposition
Appeal and related series matters marked as withdrawn and closed; costs awarded to respondent.
Orders
- This appeal and all the other appeals in the series files HCCA Nos. E125, E121, E123, E118, E119, E122 and E120 of 2023 are wholly withdrawn.
- The appellant shall pay the respondent in each appeal file Kshs.10,000, totaling Kshs.80,000, within sixty days.
Full Case Text
Judgment text and source record
26 paragraphs
Wanyonyi v Mwangi (Civil Appeal E124 of 2023) [2024] KEHC 410 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 410 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E124 of 2023
RE Aburili, J
January 25, 2024
Between
Jesca Taaka Wanyonyi
Appellant
and
David Mwangi
Respondent
(Arising from the Judgment and decree of the Adjudicator Kisumu Small Claims Court in Kisumu, SCCC No. E0149 of 2023 delivered on the 8th February 2023)
Ruling
1. As the parties agree that they have reached a settlement in the lower court on how to settle the decrees in the series matters and that this appeal and all the other appeals in the series matters be marked as withdrawn, I hereby mark this appeal and all the other appeals in the series files being HCCA Nos. E125, E121, E123, E118, E119, E122 and E120 of 2023 be and are hereby wholly withdrawn.
2. This order shall apply to all the other series file matters which are due for mention today.
3. On costs, the respondent seeks for costs of the appeals while the Appellant prays to be excused from paying costs as the parties have agreed to settle the matter amicably.
4. Costs are in the discretion of the court. The respondent has had to vigorously defend the application for stay of execution of decrees pending appeal in these series matters where the Appellant was obviously being dishonest by claiming that she was bankrupt in order to evade settling the decrees.
5. Time and money have been expended by the respondents in defending the applications for stay of execution pending appeal, which applications in the series files were all dismissed with costs on November 29, 2023.
6. In the absence of any consent on costs, I find that the respondents cannot be denied costs of their labour.
7. I shall however exercise discretion and order that the appellant shall pay the respondent in each of the appeal files which are hereby marked as wholly withdrawn a sum of Kshs.10,000 on each file totaling Kshs.80,000 within the next sixty (60) days of the date hereon in default, the respondents are at liberty to execute for recovery in this file to cover costs for all the series files and the said files are hereby consolidated for purposes of costs.
8. Accordingly, save for the costs as herein awarded and quantified by this court, this file and all the series files being HCCA Nos. E118, E119, E120, E121, E122, E123 and E125 of 2023 are marked as closed.
9. Ruling to be typed and copies placed in each of the series files.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE