Oloirien Group Ranch v Mckay & Co. Advocates [2020] KEELC 2659 (KLR)

Facts

The applicant is an advocate who obtained a bill of costs in Narok ELC Civil Misc Application No. 3 of 2018. The respondent has commenced the sub division of title No. Narok/Trans Mara/Olorien/1 and may soon dissolve and wind up its operation.

Issues

1. Prohibition of respondent from completing any form of transfer or sub divisions arising from Title No. Trans Mara/Olorien/1.
2. Restraint of respondent from disposing, sub-dividing, disposing off or completing by conveyance or transfer, leasing, charging of any sub divided parcels from Title No. Trans Mara/Olorien/1 pending the hearing and determination of the Respondent’s Application.
3. Order for respondent to deposit Kshs. 52,247,550/- (plus VAT) in court or in a joint-interest earning account in the names of the advocates for the applicant and respondent as security for the satisfaction of the certificate of costs dated 12th October, 2018.
4. Order for costs of this application to be provided for.

Reasoning

The court found that the respondent had commenced the sub division of the title and may soon dissolve and wind up its operation, which would defeat the enforcement of the applicant's certificate of costs and delay the revenue it previously earned.

Outcome

Granted