Njoroge v Come-Cons Africa Ltd & 2 others (Environment and Land Case Civil Suit 258 of 2016) [2022] KEELC 3647 (KLR)
The bottom line
#A Kenyan court allowed a landowner to evict occupants without waiting for legal costs to be taxed, over 90 days after judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to execute a decree before taxation of costs should be granted under section 94 of the Civil Procedure Act
Leave granted. The applicant satisfied the procedural criteria: the decree was passed by the court in its original jurisdiction, the application was by notice of motion, and the 1st and 2nd Defendants were served. The decree, being for eviction and not monetary, bore no correlation to the pending taxation of costs, and over 90 days had lapsed since judgment.
The court set out sections 3A and 94 of the Civil Procedure Act and the rationale that leave is needed where costs are unascertained. It accepted the reasoning in Sparkle Properties that there is little correlation between non-monetary decrees such as delivery of land and payment of taxed costs. The Defendants had failed to vacate after the lapse of the 90-day stay, so eviction could issue without waiting for taxation.
Costs of the application
Costs of the application awarded to the Plaintiff/Applicant, following the general rule that costs follow the event.
The Plaintiff succeeded in an unopposed application; no basis was shown for departing from the general rule under section 27 of the Civil Procedure Act.
Legal principles established
#- Leave of the High Court is required before executing a decree passed in its original jurisdiction before taxation of costs, and such leave may be sought by notice of motion served and heard inter partes.
- Costs follow the event under Section 27 of the Civil Procedure Act, and a successful party should ordinarily be awarded costs unless the court for good reason directs otherwise.
Court orders
#- 1.The Plaintiff/Applicant is granted leave to execute the decree against the 1st and 2nd Defendant/Respondent before the costs in the suit are ascertained.
- 2.The Plaintiff/Applicant shall have costs of the application.
- Jurisdiction invoked
- Sections 3A and 94 of the Civil Procedure Act (Cap. 21)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge v Come-Cons Africa Ltd & 2 others (Environment and Land Case Civil Suit 258 of 2016) [2022] KEELC 3647 (KLR)", Case Analysis (2022). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3647/eng@2022-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.