This is a ruling on stay pending appeal in application dated 19.12.24 . The application came for directions and counsel for the applicant informed this court that both counsel on record agreed allow the application on condition that the entire decretal sum be deposited in a joint interest earning account in the joint names of both parties .Counsel for the respondent disputed this saying they had agreed that the entire decretal sum plus costs be deposited in the joint interest account . counsel for the applicant disputed this and said he had instructions to compromise the application on deposit of the decretal sum minus costs and that they were not on record in the lower court and thus they are not aware of the consent .
The only issue remaining herein is whether costs should also be deposited in a joint interest earning account . The respondent submitted that there was a consent filed in the lower court on costs between them and counsel for the applicant. I have seen the consent dated 26.11.24 between M/S Angasa & Co. advocates and M/S Onyinkwa & Co advocates agreeing on costs filed in CMCC No. E40 of 2023 @Ksh. 167,000/= The applicant cannot thus run away from the same and argue that they can only agree on the decretal sum without the costs. A decree is usually issued inclusive of assessed costs if the same has been determined. Once costs have been assessed , the same cannot be separated save by consent . The costs having been assessed form part of the decree and thus I allow the application on condition that the entire decretal sum plus costs be deposited in a joint interest earning account in the names of both law firms on record within 30 days from today. Records of appeal and Cross Appeal be filed and served within 30 days from today. Mention on 4.8. 25 before the Deputy registrar for directions .
T.A ODERA
JUDGE
25.6.25
DELIVERED VIRTUALLY VIA TREAMS PLATFORM IN THE PRESENCE OF MISS GOGI HOLDING BREOF FOR MISS ANGASA FOR RESPONDENT . CA KIPCHIRCHIR
The only issue remaining herein is whether costs should also be deposited in a joint interest earning account . The respondent submitted that there was a consent filed in the lower court on costs between them and counsel for the applicant. I have seen the consent dated 26.11.24 between M/S Angasa & Co. advocates and M/S Onyinkwa & Co advocates agreeing on costs filed in CMCC No. E40 of 2023 @Ksh. 167,000/= The applicant cannot thus run away from the same and argue that they can only agree on the decretal sum without the costs. A decree is usually issued inclusive of assessed costs if the same has been determined. Once costs have been assessed , the same cannot be separated save by consent . The costs having been assessed form part of the decree and thus I allow the application on condition that the entire decretal sum plus costs be deposited in a joint interest earning account in the names of both law firms on record within 30 days from today. Records of appeal and Cross Appeal be filed and served within 30 days from today. Mention on 4.8. 25 before the Deputy registrar for directions .
T.A ODERA
JUDGE
25.6.25
DELIVERED VIRTUALLY VIA TREAMS PLATFORM IN THE PRESENCE OF MISS GOGI HOLDING BREOF FOR MISS ANGASA FOR RESPONDENT . CA KIPCHIRCHIR