David Kashonga Pulei v Noah Moneria Ole Kurrarru & 3 others [2020] KEELC 2806 (KLR)
- Court
- Environment & Land Court
- Case number
- 2806
- Citation
- [2020] KEELC 2806 (KLR)
- Decided
- 24 April 2020
The Plaintiff’s previous lawyers were not served with the taxed Bill of Costs, but the Taxing Master confirmed service. The 2nd and 3rd Defendants are entitled to be paid the taxed costs. The 2nd and 3rd Defendants adhered to the proper legal process to attach the Plaintiff’s motor vehicle.
Facts
The Plaintiff seeks to restrain the 2nd and 3rd Defendants from selling his motor vehicle registration number KCJ 324 K. The Plaintiff claims that the 2nd and 3rd Defendants illegally attached his vehicle and that the costs of the suit were not taxed.
Issues
- Whether a proper party and party bill of costs has been taxed between the parties herein.
- Whether the attachment of the Plaintiff’s motor vehicle registration number KCJ 324 K was legal.
Reasoning
The Plaintiff's previous lawyers were not served with the taxed Bill of Costs, but the Taxing Master confirmed service. The 2nd and 3rd Defendants are entitled to be paid the taxed costs. The 2nd and 3rd Defendants adhered to the proper legal process to attach the Plaintiff’s motor vehicle.
Outcome
The Plaintiff's Notice of Motion application is dismissed.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Appellate Jurisdiction Act
Cases cited (2)
- Ahmednasir Abdikadir & Co. Advocates V National Bank of Kenya Limited (2005) eKLR
- Hezekiah Oyoo Abuya v Kuguru Food Complex Limited Miscellaneous Application No. 400 of 2001
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