Rehema Kazungu Baya v Rehema Kazungu Baya [2022] KEELC 1619 (KLR)
- Court
- Environment & Land Court
- Case number
- 1619
- Citation
- [2022] KEELC 1619 (KLR)
- Decided
- 18 January 2022
Summary at a glance
TypeCivilPostureNotice of Motion application filed by the Plaintiff seeking to stay execution of a ruling by the Taxation MasterCoramHon. C.A. Ogweno
The court finds itself in an awkward situation regarding the Plaintiff's application for stay of execution due to the lack of an appeal or review, and the Defendant is not a party to the Advocates Discipline Committee proceedings.
Facts
The Plaintiff filed an ELC No. 82 of 2017 against the Defendant, then withdrew the case and filed a fresh one. The Defendant filed a Bill of Costs, which the Plaintiff contested, leading to a ruling by the Taxation Master. The Plaintiff then filed a complaint with the Advocates Discipline Committee.
Issues
- Whether the Plaintiff's application for stay of execution of the Taxation Master's ruling meets the threshold established under Order 42 Rule 6(1) of the Civil Procedure Rules.
- Whether the parties are entitled to the prayers sought.
Reasoning
The court analyzes the provisions of Order 42 Rule 6(1) of the Civil Procedure Rules and finds that the Plaintiff's application for stay of execution does not meet the threshold requirements. The court also considers the principles of natural justice and the Defendant's lack of involvement in the Advocates Discipline Committee proceedings.
Outcome
The court does not grant the Plaintiff's application for stay of execution.
Authorities cited
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