Intercountries Importers & Exporters Limited v Total Security Limited & 7 others (Environment and Land Appeal 10 of 2017) [2024] KEELC 3846 (KLR)
The bottom line
#The High Court paused collection of taxed legal costs of about KShs. 1 million pending appeal, but only after the applicant deposited KShs. 1 million as security.
What this practically means
#Executive summary
#Key legal issues
#Stay of execution of taxed costs pending appeal
Stay granted conditionally on deposit of Kshs. 1,000,000/= as security.
The court balanced the Applicant's right of appeal against the Respondents' right to enjoy the fruits of judgment. It found no prejudice to the Respondents since they would retain their costs if the appeal fails; filing within about three weeks of the ruling was not undue delay; and the court adopted a conditional security to guarantee due performance of the decree should the appeal fail.
Court's mandate to review a Bill of Costs
Prayer for review of the Bills of Costs dismissed; taxation is a special jurisdiction of the taxing officer and challenges lie only by way of a reference under Rule 11.
The court held that taxation of costs is a special jurisdiction reserved to the taxing officer under the Advocates Remuneration Order, and an aggrieved party must file a reference under Rule 11. The Applicant's prayer for 'review' of the Bills of Costs was not a reference, was unresponsive to the Respondents' submissions, and was unknown in law.
Legal principles established
#- Stay of execution pending appeal under Order 42 Rule 6 requires substantial loss, application without unreasonable delay, and furnishing of security.
- An order of stay of execution may properly be granted conditional on the applicant depositing security reflecting the taxed costs.
Court orders
#- 1.An order of stay of execution granted staying execution of the 1st, 2nd and 3rd Respondents' Certificates of Costs of Kshs. 481,020/= and Kshs. 562,344/= pending the hearing and determination of Court of Appeal Civil Case No. E216 of 2021, on condition that the Appellant/Applicant deposits Kshs. 1,000,000/= in an interest earning account in the joint names of its Advocates and the Advocates for the Respondents within thirty (30) days of the ruling; in default the Respondents may execute against the Appellant.
- 2.The prayer for review of the Bills of Costs is dismissed.
- 3.Costs of the application shall be in the cause.
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules; Rule 11 of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Intercountries Importers & Exporters Limited v Total Security Limited & 7 others (Environment and Land Appeal 10 of 2017) [2024] KEELC 3846 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3846/eng@2024-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.