Musya t/a Makuri Auctioneers v Tamarind Management Ltd (Miscellaneous Case E037 of 2021) [2023] KEELRC 2957 (KLR) (16 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2957
- Citation
- [2023] KEELRC 2957 (KLR)
- Decided
- 16 November 2023
Summary at a glance
TypeAppealPostureRespondent/Appellant’s Chamber Summons dated 28/9/2021CoramAGNES KITIKU NZEI
The Ruling of Hon. Lesootia Saitabau, Deputy Registrar, delivered on 27th September 2021 and any resultant certificate of costs are hereby set aside.
Facts
The Respondent/Appellant filed an appeal against the Ruling of Hon. Lesootia Saitabau, Deputy Registrar, dated 27/9/2021, awarding costs of Ksh. 213,556.00 to the Respondent Auctioneers.
Issues
- Taxing of costs by the Taxing Master was based on a bill of costs dated 25th June 2021
- Taxing Master did not have jurisdiction to tax the bill of costs as the proclamation of 28th May 2021 was set aside by this Court in Appeal No. 10 of 2020, by consent of the parties
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 this Court in Appeal No. 10 of 2020, by consent of the parties.
Outcome
The appeal is 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.
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