Priscillah Chepkemoi Kimeto v Jackson Chelogoi [2019] KEELC 2074 (KLR)
- Court
- Environment & Land Court
- Case number
- 2074
- Citation
- [2019] KEELC 2074 (KLR)
- Decided
- 30 July 2019
Summary at a glance
TypeCivilPostureAppeal from a decree and costsCoramMohammed Kullow
The Application is dismissed as a mere technical error.
Facts
The Plaintiff/Applicant sought for orders of stay of execution of the decree and the certificate of Bill of Costs and an order to set aside the exparte taxed bill, Decree, proclamation and the Notice to show cause. The Plaintiff claimed the Bill of Costs was taxed high and her advocates were not present during the hearing.
Issues
- Whether the Application was brought under the wrong provisions of the law.
- Whether the Application was a mere technical error.
Reasoning
The Plaintiff had filed an Application but it was found to be a technical error under Article 159 (2) of the Constitution of Kenya 2010. The Plaintiff's claim that the Bill of Costs was taxed high and her advocates were not present during the hearing was not supported.
Outcome
Appeal dismissed
Orders
- The Application is dismissed.
- The Plaintiff's request for orders of stay of execution of the decree and the certificate of Bill of Costs is denied.
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