Richard Saidi v Manasse Lumwachi Hajani [1988] KECA 13 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that execution must follow the decree's figures, and costs must be taxed before any execution proceeds.
What this practically means
#Executive summary
#Key legal issues
#Correct sum for which judgment was entered
Judgment was entered for Kshs 48,776.25, not Kshs 68,776.25; the appellant was misled by the typed record misreading the digit 4 as 6 in the judge's handwriting.
The court examined the original record and the handwritten judgment of Contran J, finding the typed record had been misread. The draft decree signed by the deputy registrar showed the principal as Kshs 48,776.25 with interest of Kshs 1,095.80, totalling Kshs 49,872.05, confirming the lower figure.
Basis of execution
Execution is founded on the decree, and only the amount in the decree is authoritative for execution.
Once judgment is entered, a decree issues before execution; any challenge to the sums must be directed at the decree itself rather than at the figure a party believes was entered in the judgment.
Taxation of costs before execution
The bill of costs was never taxed; no certificate of costs was found on the file as required, and the bill should have been taxed before execution, with interest thereafter adjusted.
Order XX rule 8 of the Civil Procedure Rules requires a certificate of costs. Counsel's own letter conceded an arithmetical error of about Kshs 1,178, showing the certified figure was unreliable. After taxation, interest must be adjusted, either wiping out the balance or producing a refund.
Legal principles established
#- Execution must be based on the decree, and it is the amount in the decree, not a party's assertion of the judgment figure, that is treated as correct for execution purposes.
- A bill of costs must be taxed and certified before execution; an untaxed bill renders the process more costly as interest accrues.
Court orders
#- 1.Appeal dismissed
- 2.Each party to bear his own costs of the appeal
- 3.The bill of costs to be taxed; after taxation the interest claimed to be adjusted, which will either wipe out the outstanding balance or result in a refund of any excess paid
- On appeal from
- High Court of Kenya
- Jurisdiction invoked
- First appeal to the Court of Appeal (statutory appellate jurisdiction; provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Richard Saidi v Manasse Lumwachi Hajani [1988] KECA 13 (KLR)", Case Analysis (1988). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1988/13/eng@1988-09-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.