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Joel Titus Musya t/a Makuri Auctioneers v Tamarind Mangement Ltd (Miscellaneous Case E036 of 2021) [2023] KEELRC 2942 (KLR) (16 November 2023) (Ruling)

[2023] KEELRC 2942 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2942
Citation
[2023] KEELRC 2942 (KLR)
Decided
16 November 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent/Appellant's Chamber Summons filed in response to a Ruling from the Deputy RegistrarCoramAGNES KITIKU NZEI
Holding

The Ruling of Hon. Lesootia Saitabau, Deputy Registrar, delivered on 27th September 2021 and any resultant certificate of costs are hereby set aside. Each party will bear its own costs of these proceedings. The Court’s record/le herein is hereby closed.

Facts

The Respondent/Appellant sought costs from the Applicant/Auctioneer, but the Deputy Registrar awarded the costs to the Respondent. The Respondent/Appellant appealed this decision.

Issues

  1. Taxation of costs by the Deputy Registrar
  2. Jurisdiction of the Taxing Master

Reasoning

The Court found that the Taxing Master did not have jurisdiction to tax the bill of costs as the proclamation of 28th May 2021 was set aside by the Court in Appeal No. 10 of 2020, by consent of the parties.

Outcome

Appeal allowed

Orders

  • The Ruling of Hon. Lesootia Saitabau, Deputy Registrar, delivered on 27th September 2021 and any resultant certificate of costs are hereby set aside.
  • Each party will bear its own costs of these proceedings.
  • The Court’s record/le herein is hereby closed.
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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