RULING
The application has been heard and it is clear that the judgment debtor Counsel was not vigilant in the participation of the taxation.
Consequently, the judgment debtor’s application dated 10/07/24 is hereby determined as following.
- The judgement debtor is directed to deposit a sum of Kshs 300,000/= in court which is part of the taxed costs within 14 days from today’s date.
- Upon depositing of Kshs 300,000/= within 14 days from today’s date, the Certificate of taxation for Kshs 628,550/= together with the ruling of the DR issued 30/05/24 shall stand vacated and/or set aside.
- Thereafter the bill of costs dated 11/04/24 shall be retaxed within 60 days from the date of compliance of Order No.1.
- In the event the judgement debtor shall not comply with order hereinabove, the Order No. 2 and 3 will automatically be discharged and the Certificate of taxation and ruling of 30/05/24 will be binding and the judgement holder can proceed to execute.
IN THE PRESENCE OF:
COURT ASSISTANT – Ngeno
PLAINTIFF – Mr. Begi h/b Judgment Debtor
DEFENDANT –Ms. Opendo for Decree Holder