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ELCDismissedApplication dated 6th May 2014 (arising from certificate of taxation dated 28th October 2008 and Suit No. 80 of 2007)· [2018] KEELC 3068 (KLR)

Evans Kangu v Chairman LDT Butere Division, John Amukobolo [2018] KEELC 3068 (KLR)

High Court of Kenya

23 May 2018

NMN. A. MATHEKA

2,177 words in judgment

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The bottom line

The High Court dismissed a judgment debtor's attempt to challenge a taxed costs bill, confirming account disputes must go to the Deputy Registrar.

What this practically means

Executive summary

The applicant, a judgment debtor, moved the court by application dated 6th May 2014 under sections 1A, 1B and 3A of the Civil Procedure Act and Orders 10, 45 and 51 of the Civil Procedure Rules, seeking to set aside or stay an order of 10th March 2014, review of that order to establish the actual decretal amount satisfied and balance due, and leave to pay any balance in installments. He alleged that the warrant of arrest of 31st January 2014 wrongly recorded the decretal sum as Ksh. 87,808/= and payments as Ksh. 53,000/= instead of Ksh. 72,808/= and Ksh. 65,000/=, that by 6th February 2014 he had overpaid by Ksh. 2,192/=, and that his arrest and committal on 7th March 2014, the extraction of a further Ksh. 27,000/= and a thumb-printed consent to pay Ksh. 45,000/= more were obtained under undue pressure and without production in court. The respondent maintained that the debt arose from a certificate of taxation dated 28th October 2008, that the amount had accrued interest and bailiff's fees, and that the consent was signed voluntarily before an advocate. The court traced the history, including the quashing by certiorari (Justice GBM Kariuki, ruling dated 13th July 2006) of the Butere Land Disputes Tribunal decision over land parcel Marama/Buchenya/197. It held that the matter had been dealt with by the taxing master and that any disputes as to accounts ought to be sorted out before the Deputy Registrar and not the court, found the application devoid of merit, and dismissed it with costs.

Key legal issues

Forum for disputes as to taxed costs and decretal accounts

Holding

The application was dismissed because such disputes fall to the Deputy Registrar as taxing master

Reasoning

The applicant sought review to establish the actual decretal amount satisfied and balance due, alleging calculation errors in the warrant of arrest and an unlawfully extracted consent. The court traced the matter to a bill of costs dealt with by the taxing master and held that any disputes as to the accounts must be sorted out before the Deputy Registrar, not the court, and accordingly found the application without merit.

p. 3

Legal principles established

Disputes as to accounts on taxed costs are for the Deputy Registrar (taxing master), not the trial court

Court orders

1.The application dated 6th May 2014 is dismissed with costs

Authorities

Legislation

Civil Procedure Actsections 1A, 1B, 3A, 38, 40
Civil Procedure Rules 2010Order 10 rule 11, Order 45 rules 1 & 2, Order 51 rules 1, 3 & 15

Jurisdiction invoked: Sections 1A, 1B and 3A of the Civil Procedure Act; Order 10 rule 11, Order 45 rules 1 & 2 and Order 51 rules 1, 3 & 15 of the Civil Procedure Rules 2010

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Evans Kangu v Chairman LDT Butere Division, John Amukobolo [2018] KEELC 3068 (KLR)", Case Analysis (2018). Application dated 6th May 2014 (arising from certificate of taxation dated 28th October 2008 and Suit No. 80 of 2007). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3068/eng@2018-05-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.