1. Before this Court is a Certificate of Urgency dated 29th July 2025 seeking the following orders:
a) That this application be certified urgent, service thereof be dispensed with and the same be heard ex-parte in the first instance.
b) That this Honorable Court be pleased to order a stay of execution of the ruling delivered on 11.02.2025 pending the hearing and determination of this application.
c) That this Honorable Court be pleased to order a stay of execution of the proclamation, warrants of attachment and warrants of sale of property issued to the Applicants by Seventy Seven auctioneers dated 18.07.2025
d) That this Honorable Court be pleased to quash and cancel the Certificate of costs dated 11.02.2025 necessitation any execution process in this suit to be irregular as the same were obtained by the Respondent irregularly and unprocedural and in blatant violation of the rules.
e) That the decision of the Taxing Officer as evidenced in the certificate of costs dated 11.02.2025 be set aside and taxed afresh by this Honorable Court with input by both parties.
f) That the Applicant now at a great risk of execution any day from today as the Respondent have proceeded to instruct Seventy seven Auctioneers to proceed with the execution.
g) That Unless Stay of Execution of the said Judgment is granted the Respondent will proceed, and levy and/or execute/Attach/sell the Applicants proclaimed good and thus this application will be rendered nugatory and the Applicants will suffer irreparable loss and damage.
h) That this Application is made in good faith and will not occasion any prejudice to the Respondent.
i) That the Respondents will not be prejudiced in any way if the application is allowed.
j) That the Application has been brought without unreasonable or undue delay.
k) That this Honorable Court be pleased to issue any other order and/or direction it deem fit to grant in the circumstances.
l) That the costs of this Application be borne by the Respondents.
2. The Application is made on the following grounds among others that: -
a. On 06.03.2023, the Applicants herein received notice of proclamation dated 01.03.2023 No warrants of attachment were served upon them.
b. The Applicant then moved court with an application for stay pending appeal which was allowed conditionally where a bank guarantee of Kshs. 594,845/= was issued as security.
c. Appeal case being Eldoret Civil Appeal number E001 of 2023 is still ongoing and yet to be determined.
d. The Respondent proceeded to tax their costs without procedurally inviting the Applicants for taxation as required by law.
e. The contents of the items in the said Bill of Costs are too excessive in the circumstances and without any justification as per the law.
f. The Respondent has now proceeded to obtain warrants of attachment dated 18.07.2025 by Seventy-seven auctioneers.
g. The Honorable Trial Court failed to tax the Bill of Costs on merit as per the provisions of the law and equally failed to note that the Applicants were nerve served with a taxation notice.
h. The said sum of Kshs. 128,800/=is grossly and/or manifestly excessive as to be indicative of error in principle and warrants setting aside noting that the general damages were of kshs. 500,000 only.
i. This Application is made in good faith and will not occasion any prejudice to the Respondent.
j. The Respondent will not be prejudiced in any way if the application is allowed.
k. The Application has been brought without unreasonable or undue delay.
l. The application is also supported by an affidavit of Janerose Nanjira
DIRECTIONS
1. This matter is certified urgent in the ex parte in the first instance.
2. That interim stay of execution of the ruling delivered 11th February 2025 be granted to pave way for the hearing and determination of this Notice of Motion.
3. That the interim stay orders apply mutatis mutandis to Clause no. 3 of Notice of Motion.
4. The inter-parties hearing be and is hereby scheduled to court No. 3 on 17th September 2025.
GIVEN UNDER MY HAND AND SEAL OF THIS COURT THIS 4TH AUGUST 2025
a) That this application be certified urgent, service thereof be dispensed with and the same be heard ex-parte in the first instance.
b) That this Honorable Court be pleased to order a stay of execution of the ruling delivered on 11.02.2025 pending the hearing and determination of this application.
c) That this Honorable Court be pleased to order a stay of execution of the proclamation, warrants of attachment and warrants of sale of property issued to the Applicants by Seventy Seven auctioneers dated 18.07.2025
d) That this Honorable Court be pleased to quash and cancel the Certificate of costs dated 11.02.2025 necessitation any execution process in this suit to be irregular as the same were obtained by the Respondent irregularly and unprocedural and in blatant violation of the rules.
e) That the decision of the Taxing Officer as evidenced in the certificate of costs dated 11.02.2025 be set aside and taxed afresh by this Honorable Court with input by both parties.
f) That the Applicant now at a great risk of execution any day from today as the Respondent have proceeded to instruct Seventy seven Auctioneers to proceed with the execution.
g) That Unless Stay of Execution of the said Judgment is granted the Respondent will proceed, and levy and/or execute/Attach/sell the Applicants proclaimed good and thus this application will be rendered nugatory and the Applicants will suffer irreparable loss and damage.
h) That this Application is made in good faith and will not occasion any prejudice to the Respondent.
i) That the Respondents will not be prejudiced in any way if the application is allowed.
j) That the Application has been brought without unreasonable or undue delay.
k) That this Honorable Court be pleased to issue any other order and/or direction it deem fit to grant in the circumstances.
l) That the costs of this Application be borne by the Respondents.
2. The Application is made on the following grounds among others that: -
a. On 06.03.2023, the Applicants herein received notice of proclamation dated 01.03.2023 No warrants of attachment were served upon them.
b. The Applicant then moved court with an application for stay pending appeal which was allowed conditionally where a bank guarantee of Kshs. 594,845/= was issued as security.
c. Appeal case being Eldoret Civil Appeal number E001 of 2023 is still ongoing and yet to be determined.
d. The Respondent proceeded to tax their costs without procedurally inviting the Applicants for taxation as required by law.
e. The contents of the items in the said Bill of Costs are too excessive in the circumstances and without any justification as per the law.
f. The Respondent has now proceeded to obtain warrants of attachment dated 18.07.2025 by Seventy-seven auctioneers.
g. The Honorable Trial Court failed to tax the Bill of Costs on merit as per the provisions of the law and equally failed to note that the Applicants were nerve served with a taxation notice.
h. The said sum of Kshs. 128,800/=is grossly and/or manifestly excessive as to be indicative of error in principle and warrants setting aside noting that the general damages were of kshs. 500,000 only.
i. This Application is made in good faith and will not occasion any prejudice to the Respondent.
j. The Respondent will not be prejudiced in any way if the application is allowed.
k. The Application has been brought without unreasonable or undue delay.
l. The application is also supported by an affidavit of Janerose Nanjira
DIRECTIONS
1. This matter is certified urgent in the ex parte in the first instance.
2. That interim stay of execution of the ruling delivered 11th February 2025 be granted to pave way for the hearing and determination of this Notice of Motion.
3. That the interim stay orders apply mutatis mutandis to Clause no. 3 of Notice of Motion.
4. The inter-parties hearing be and is hereby scheduled to court No. 3 on 17th September 2025.
GIVEN UNDER MY HAND AND SEAL OF THIS COURT THIS 4TH AUGUST 2025