Bethsaida Resort & Spa Ltd v Jean-Pierre Gauderlot [2020] KEELC 2807 (KLR)
- Court
- Environment & Land Court
- Case number
- 2807
- Citation
- [2020] KEELC 2807 (KLR)
- Decided
- 10 March 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts AppealPostureApplication for leave to appeal an assessment of costs; leave to appeal granted; stay of execution grantedCoramMUNYAO SILA
Holding
Leave to appeal is granted
Facts
The applicant sought a refund of a deposit of Kshs. 4,500,000/= for a land parcel valued at Kshs. 45,000,000/=. The applicant filed a plaint in the Chief Magistrate's Court seeking a refund and a declaration to void the sale agreement. The suit was dismissed, and costs were assessed. The applicant then filed a reference to the Environment & Land Court to reassess the party and party costs.
Issues
- Whether the subject matter of the suit was Kshs. 45,000,000/= or Kshs. 4,500,000/=
- Whether the applicant deserves leave to appeal
Reasoning
The court considers both arguments and finds that the applicant has made a case that deserves to be heard at the Court of Appeal.
Outcome
Leave to appeal granted
Orders
- One half of the amount taxed to be deposited in a joint interest earning account in the names of counsel for the applicant and respondent
- The other half to be secured by a professional undertaking of counsel for the applicant
- The stay will lapse if no security is tendered as directed above
- The costs shall be in the intended appeal
Remedies
- Leave to appeal granted
- Stay of execution granted subject to deposit of half the amount taxed and a professional undertaking or alternatively all the money be deposited within 60 days
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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