Jacob Ronoh Lagatt v Board of Management, Kagaki School [2022] KEELRC 398 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 398
- Citation
- [2022] KEELRC 398 (KLR)
The Court allowed the application for a stay of execution of the Claimant's Party Bill of Costs on condition that the amount taxed be deposited in court within 30 days with effect from the date of this ruling pending the filing and determination of any intended reference by the applicant.
Facts
The Respondent/Applicant filed an application for a stay of execution of the Claimant's Party Bill of Costs, which was taxed and ruled on by the taxing master on October 19, 2021. The Claimant/Respondent instructed Lifewood Traders Auctioneers to execute the Bill of Costs, leading to the issuance of warrants of attachment and sale.
Issues
- Whether the application for a stay of execution of the Claimant's Party Bill of Costs is competent and an abuse of court process.
- Whether the delay in filing the application is inordinate and prejudicial to the Respondent.
Reasoning
The Court found that the application was filed more than two months after the taxing master's decision, which was deemed inordinate. The Court also noted that the Claimant/Respondent had not requested reasons for the taxation and that execution would be prejudicial to them if their objection is considered.
Outcome
Application granted with conditions
Orders
- Stay of execution of the Claimant's Party Bill of Costs pending the filing and determination of any intended reference by the applicant.
- Deposits of the taxed amount in court within 30 days with effect from the date of this ruling.
Remedies
- Deposits of the taxed amount in court within 30 days with effect from the date of this ruling.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Gideon Sitelu Konchellah v Julius Lekakeny Ole Sunkuli & 2 others [2018] eklr
- re estate of Michael Kiarii Njoroge (deceased) [2019] eklr
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