Introduction
1. By a ruling delivered on 26th March 2025, I set aside the judgment earlier entered against the respondent and granted it leave to file Response to the Claim. I further awarded the claimant throw-away costs of Kshs.15,000 payable within 21 days from the date of the said ruling. The claimant was also given the liberty to execute for the said costs in the event of default by the respondent.
2. On 6th May 2025, the matter came up for mention to confirm compliance and the claimant protested that despite follow up, the respondent had failed to pay the throw-away costs. Mr.Asitiba for the respondent promised to pay the costs and the suit was fixed for mention on 2nd July 2025. On the said date, only counsel for the claimant attended court and asked the court to rule on the unpaid costs.
3. I have noted that the time given to the respondent to comply with the said ruling has since lapsed without filing of pleadings or payment of throw away costs to the claimant. In the ruling of 26th March 2025, I gave claimant the liberty to execute and therefore asking for further ruling is unnecessary.
4. In conclusion I wish to state that, the ball is now in the claimant’s court to execute for the costs and fix the suit for hearing.
Dated, signed and delivered at Nyeri this 14th day of August, 2025.
1. By a ruling delivered on 26th March 2025, I set aside the judgment earlier entered against the respondent and granted it leave to file Response to the Claim. I further awarded the claimant throw-away costs of Kshs.15,000 payable within 21 days from the date of the said ruling. The claimant was also given the liberty to execute for the said costs in the event of default by the respondent.
2. On 6th May 2025, the matter came up for mention to confirm compliance and the claimant protested that despite follow up, the respondent had failed to pay the throw-away costs. Mr.Asitiba for the respondent promised to pay the costs and the suit was fixed for mention on 2nd July 2025. On the said date, only counsel for the claimant attended court and asked the court to rule on the unpaid costs.
3. I have noted that the time given to the respondent to comply with the said ruling has since lapsed without filing of pleadings or payment of throw away costs to the claimant. In the ruling of 26th March 2025, I gave claimant the liberty to execute and therefore asking for further ruling is unnecessary.
4. In conclusion I wish to state that, the ball is now in the claimant’s court to execute for the costs and fix the suit for hearing.
Dated, signed and delivered at Nyeri this 14th day of August, 2025.