Wambua v Maweu (Environment & Land Miscellaneous Case E012 of 2024) [2025] KEELC 2871 (KLR) (27 March 2025) (Ruling)

Summary at a glance

Facts

The applicant, Alphonse Ngungi Wambua, sued the respondent, Cosmas Maweu Maundu, in Makueni MCELC No. E024 of 2023. The suit was withdrawn on 30/04/2024, and the respondent was awarded costs. The applicant contested the assessment of the costs, seeking an enlargement of time to file a reference and a stay of execution of the costs decree.

Issues

• Whether the applicant has demonstrated merit in the application for enlargement of time for the filing of a reference against the decree on costs.
• Whether the applicant is entitled to stay of execution of the decree on costs.

Reasoning

The court grants the application due to the applicant's contention that the costs assessment was grossly exaggerated and that he was not given sufficient time to contest the assessment.

Outcome

The application is allowed.

Orders

• An order for enlargement of time to file and serve a reference against the costs certificate.
• An order for stay of execution of the costs decree pending the hearing and determination of the intended reference.

Remedies

• Stay of execution of the costs decree pending the hearing and determination of the intended reference.

Authorities cited