Case ID:182417

Rabala & Co. Advocates v Tom Odago Opiyo & another [2021] eKLR

Case Metadata

Case Number:

Environment and Land Miscellaneous Application 196 of 2018

Parties:

Rabala & Co. Advocates v Tom Odago Opiyo & Maangi Otieno & Co. Advocates

Date Delivered:

30 Sep 2021

Case Class:

Civil

Court:

Environment and Land Court at Nairobi

Case Action:

Ruling

Judge(s):

Loice Chepkemoi Komingoi

Citation:

Rabala & Co. Advocates v Tom Odago Opiyo & another [2021] eKLR

Advocates:

Mr. Rabala for the Applicant

Mr. Amimo for Mrs. Otieno for the Respondents

Court Division:

Environment and Land

County:

Nairobi

Advocates:

Mr. Rabala for the Applicant

Mr. Amimo for Mrs. Otieno for the Respondents

History Advocates:

Both Parties Represented

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC

MISC. APP.

NO.

196 OF 2018

RABALA & CO. ADVOCATES

.......................

....

..

............APPLICANT

VERSUS

TOM ODAGO OPIYO

.......................................

.….1

ST

RESPONDENT

MAANGI OTIENO & CO. ADVOCATES

............

2

ND

RESPONDENT

RULING

1.

This is the Notice of Motion dated 19

th

January 2021 brought under order 51 rule 1, order 21 rule 12 and order 22 rule 22 of the Civil Procedure Rules and under section 3A of the Civil Procedure Act Laws of Kenya.

2.

It seeks orders:-

1. Spent.

2. Spent.

3. That this honourable court be pleased to allow the 1

st

respondent/applicant to pay the amount taxed Kshs.497,964/- in equal monthly instalments of Kshs.10,000/- till payment in full. The first instalment to be paid as may be ordered by the court.

4. That this honourable court be pleased to make such orders as it may deem fit and convenient for the end of justice.

5. That the costs of this application be provided for.

3.

The grounds are on the face of the application and are set out in paragraphs (a) and (e).

4.

The application is supported by the affidavit of Tom Odago Opiyo, the 1

st

respondent herein sworn on the 19

th

January 2021.

5.

It appears the application is not opposed.

6.

I have considered the application and the affidavit in support.

7.

It is the 1

st

respondent’s case that he is unable to settle the applicant’s bill of costs due to the current economic constraints.

8.

I find merit in the application and I grant the orders sought.

(a) That the 1

st

respondent/applicant is hereby allowed to liquidate the taxed costs in equal monthly instalments of Kshs. 30,000/- till payment in full with effect from 5

th

November 2021 and on the 5

th

day of each succeeding months. In default of any one instalment execution to issue.

(b) That costs of this application be borne by the 1

st

respondent/applicant.

It is so ordered.

Dated, signed and delivered in Nairobi on this 30

th

day of September 2021.

……………………….

L. KOMINGOI

JUDGE

In the presence of:-

Mr. Rabala for the Applicant

Mr. Amimo for Mrs. Otieno for the Respondents

Steve - Court Assistant