Bishop Abiero Moyo Sec. School v Okumu (Appeal 19 of 2021) [2022] KEELRC 12872 (KLR) (6 October 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 12872
- Citation
- [2022] KEELRC 12872 (KLR)
- Decided
- 6 October 2022
The court finds the application to have merit and issues an order reviewing the order awarding costs of the appeal to the respondent and substituting it with an order that each party shall bear their own costs of the appeal.
Facts
The applicant was wrongfully sued and the court had directed that the applicant be removed from the suit and substituted with the board of management of Bishop Abiero Secondary School. The applicant argues that the order of costs issued by the court is invalid.
Issues
- Whether the court should review its order awarding costs of the appeal to the respondent.
- Whether the court should substitute the order with an order that each party shall bear their own costs of the appeal.
Reasoning
The court considers the application, the grounds and affidavit in support, the grounds of opposition, and the submissions by both parties. The court finds that the applicant was wrongfully sued and that the order to strike out the applicant from the suit is a sufficient reason to review the order on costs.
Outcome
The court reviews the order awarding costs of the appeal to the respondent and substitutes it with an order that each party shall bear their own costs of the appeal.
Orders
- Order reviewing the order awarding costs of the appeal to the respondent.
- Order substituting the order with an order that each party shall bear their own costs of the appeal.
Remedies
- Each party shall bear their own costs of the appeal.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Basic Education Act
Cases cited (1)
- Pancras T Swai v Kenya Breweries Limited [2014] eKLR
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