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I have perused the Court record and I note that there are several applications pending in this Court. The first application seeks to set aside the taxed bill of costs in this matter. The application is filled on 29/10/2025 by the Respondent and a subsequent application filled on 10/11/2025 seeking to have the application filled on 29/10/2025 heard. There is another application filled on 13/11/2025 by the Plaintiff seeking to vary the orders of this Court issued exparte to the application of 29/10/2025.
Another application dated 28/11/2025 has been filled by the Respondent seeking to extend the time for compliance with the orders of this Court issued on 18/11/2025. The Court notes in considering the application before this Court exparte had issued directions to the parties on compliance and parties are required to file responses to the application and submissions. The Respondent was required by the Court to deposit the disputed taxed amount in Court pursuant to the grant of stay orders sought in the interim. These orders were varied on 18/11/2025 by the court in the presence of the parties to include the depositing in court of the decretal amount in the Judgment of this Court pending the determination and hearing of the said application. Todate, this part of the said orders has not been complied with.
I have carefully looked at the record in the CTS and note that there has been no intention by the Respondent to challenge the Judgment of this Court as no Notice of Appeal has been filled. As such, the said judgment remains in force. What is in dispute before this Court is the taxed amount to which a reference application has been filled. I note that the taxed amount in dispute has been deposited and therefore the reference can proceed for consideration by the court as directed. The Court will not therefore stay the execution of the Decree arising from the Judgment of the Court in the absence of an order from the Court of Appeal staying the same or from this Court and as it is, the orders therein are lifted forthwith.
The Court directs that submission be filled in respect of the reference filed on 29/10/2025 and each side has 14 days to do so. This matter shall be
Mentioned for further directions on the reference on 2/3/2026.
DATED, SIGNED and DELIVERED VIRTUALLY at NAIROBI this 01 st DAY of DECEMBER, 2025
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J.W.W. MONG’ARE
JUDGE
In the Presence of:-
Mr. Mogeni and Ms. Makori for the Plaintiff/Decree Holder.
Mr. Mbabu and Ms. Akinyi for the 2 nd Defendant.
Ivan – Court Assistant
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I have perused the Court record and I note that there are several applications pending in this Court. The first application seeks to set aside the taxed bill of costs in this matter. The application is filled on 29/10/2025 by the Respondent and a subsequent application filled on 10/11/2025 seeking to have the application filled on 29/10/2025 heard. There is another application filled on 13/11/2025 by the Plaintiff seeking to vary the orders of this Court issued exparte to the application of 29/10/2025.
Another application dated 28/11/2025 has been filled by the Respondent seeking to extend the time for compliance with the orders of this Court issued on 18/11/2025. The Court notes in considering the application before this Court exparte had issued directions to the parties on compliance and parties are required to file responses to the application and submissions. The Respondent was required by the Court to deposit the disputed taxed amount in Court pursuant to the grant of stay orders sought in the interim. These orders were varied on 18/11/2025 by the court in the presence of the parties to include the depositing in court of the decretal amount in the Judgment of this Court pending the determination and hearing of the said application. Todate, this part of the said orders has not been complied with.
I have carefully looked at the record in the CTS and note that there has been no intention by the Respondent to challenge the Judgment of this Court as no Notice of Appeal has been filled. As such, the said judgment remains in force. What is in dispute before this Court is the taxed amount to which a reference application has been filled. I note that the taxed amount in dispute has been deposited and therefore the reference can proceed for consideration by the court as directed. The Court will not therefore stay the execution of the Decree arising from the Judgment of the Court in the absence of an order from the Court of Appeal staying the same or from this Court and as it is, the orders therein are lifted forthwith.
The Court directs that submission be filled in respect of the reference filed on 29/10/2025 and each side has 14 days to do so. This matter shall be
Mentioned for further directions on the reference on 2/3/2026.
DATED, SIGNED and DELIVERED VIRTUALLY at NAIROBI this 01 st DAY of DECEMBER, 2025
………………………………………..
J.W.W. MONG’ARE
JUDGE
In the Presence of:-
Mr. Mogeni and Ms. Makori for the Plaintiff/Decree Holder.
Mr. Mbabu and Ms. Akinyi for the 2 nd Defendant.
Ivan – Court Assistant
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