1. The appellant filed the instant appeal against quantum in the judgment of Hon. G. Barasa (SRM ) dated 26.11.2019 In Ogembo Civil Suit no, 225 of 2016 . Both parties submitted that the decretal sum was paid in full and the only issues for determination are those of costs of the appeal and interest. The appellant on his part asked the court to compute interest considering that the decretal sum inclusive of costs of the lower court case has been paid in full. The respondent urged this court to tax the bill of costs . This the issue of quantum in this appeal is spent as the petitioner admitted in its submissions that he paid the Appellant the decretal sum . The only issues remaining herein are those of costs and interests . It is trite law that costs follow event . the appellant filed the appeal and filed submissions and the respondent also filed submissions . The respondent is therefore entitled to costs . I proceed to access the costs of the appeal at Ksh. 50,000/=.
2. On the issue of interest on the decretal sum the appellant also filed Kisii Civil appeal no. E043 of 2022 against the respondent challenging the costs awarded by the trial court . The same is still pending and I would rather it is dealt with in that appeal . which is pending hearing and determination.
3. This file is marked as closed.
T.A ODERA
JUDGE
28. 7.25
DELIVERED VIRTUALLY VIA TEAMS PLATFORM ON THIS 28TH Day of July 2025 IN THE PRESENCE OF –
FOR APPELLANT
FOR RESPONDENT
CA KIPCHIRCHIR
2. On the issue of interest on the decretal sum the appellant also filed Kisii Civil appeal no. E043 of 2022 against the respondent challenging the costs awarded by the trial court . The same is still pending and I would rather it is dealt with in that appeal . which is pending hearing and determination.
3. This file is marked as closed.
T.A ODERA
JUDGE
28. 7.25
DELIVERED VIRTUALLY VIA TEAMS PLATFORM ON THIS 28TH Day of July 2025 IN THE PRESENCE OF –
FOR APPELLANT
FOR RESPONDENT
CA KIPCHIRCHIR