Redeemed Gospel Church Meru & another v Mwirebua & 2 others; Muthuri & another (Third party) (Environment & Land Case E003 of 2020) [2024] KEELC 7308 (KLR)
The bottom line
#The Environment and Land Court in Meru ruled that defendants who lose a case together must pay all the legal costs together, and refused to let one defendant pay in tiny monthly instalments.
What this practically means
#Executive summary
#Key legal issues
#Whether the court can review and apportion taxed costs among several defendants where the judgment was silent on joint or several liability
No. Defendants against whom costs are awarded in a single cause are jointly and severally liable unless the court specifically apportions them; there was no error apparent to warrant review
The court applied Oasis Park Self Help Group and Kenya Airways Ltd v Mwaniki Gichohi, holding that joint and several liability means one decree against two or more persons liable collectively and individually to its full extent. The plaintiffs' claim had been allowed as prayed with costs against the defendants jointly and severally, so there was no clerical mistake capable of review under Section 80 and Order 45.
Whether the judgment debtor should be allowed to pay the decretal amount in installments
No. The discretion under Order 21 Rule 12 was not deserved because the applicant lacked bona fides, made no full disclosure of assets, offered no security, and her own conduct caused the debt
Guided by Keshavji Jethabhai, Hildegard Ndelut and Singh Gitau, the court considered hardship, delay, how the debt arose, financial position and the amount proposed. The applicant, solely responsible for the litigation after breaching the land sale contract, disclosed only a medical report and pension statement, offered no security, and proposed a token Kshs.5,000/= monthly which would prolong collection unreasonably.
Legal principles established
#- Where judgment awards costs against several defendants in a single cause without specific apportionment, the defendants are jointly and severally liable for the costs
- Mere inability to pay a decretal sum in full at once is not sufficient reason for payment in installments unless bona fide is shown
- An applicant seeking installment payment must show sincerity and make full disclosure of financial position
Court orders
#- 1.The application dated 22.8.2024 is dismissed with costs
- Jurisdiction invoked
- Inherent jurisdiction of the court under Section 80 of the Civil Procedure Act and Order 45 and Order 21 Rule 12 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Redeemed Gospel Church Meru & another v Mwirebua & 2 others; Muthuri & another (Third party) (Environment & Land Case E003 of 2020) [2024] KEELC 7308 (KLR)", Case Analysis (2024). Not stated in the judgment (application dated 22.8.2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7308/eng@2024-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.