Christopher Kendagor v Christopher Kipkorir [2014] KEELC 159 (KLR)
- Court
- Environment & Land Court
- Case number
- 159
- Citation
- [2014] KEELC 159 (KLR)
- Decided
- 7 October 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeExecution of DecreePostureApplication to execute decree before taxation of costsCoramJUSTICE MUNYAO SILA
Holding
The application is allowed, and the plaintiff is permitted to apply to execute the decree before the bill of costs is taxed.
Facts
The plaintiff, Christopher Kendagor, claimed ownership of the land parcel Moiben/Kapsumbere Block 2 (Tachasis)/111, which the defendant, Christopher Kipkorir, alleged to have purchased. The plaintiff had previously won a judgment in favor of his ownership of the land.
Issues
- Whether the plaintiff can execute the decree before the bill of costs is taxed.
- Whether the defendant's counsel's absence justifies the delay in executing the decree.
Reasoning
The plaintiff has been unable to execute the decree due to the delay in taxing the bill of costs, which is caused by the Deputy Registrar being away on leave. The court notes that the plaintiff is entitled to his land and sees no reason to deny the application.
Outcome
Application allowed
Orders
- Permit the plaintiff to apply to execute the decree before taxation of costs.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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