Nardielo & 3 others v SBM Bank Limited & 2 others [2024] KEELC 591 (KLR)

Nardielo & 3 others v SBM Bank Limited & 2 others (Environment & Land Case 143 of 2018) [2024] KEELC 591 (KLR) (8 February 2024) (Ruling)

Neutral citation: [2024] KEELC 591 (KLR)

Republic of Kenya

In the Environment and Land Court at Malindi

Environment & Land Case 143 of 2018

EK Makori, J

February 8, 2024

Between

Maurizio Nardielo

1st Plaintiff

Maurizio Copordarca

2nd Plaintiff

Testa Giancarlo

3rd Plaintiff

Frerica Francesco

4th Plaintiff

and

SBM Bank Limited

1st Defendant

Tropicana Hotels Limited

2nd Defendant

Keysian Auctioneers

3rd Defendant

Ruling

1. The application dated 14th September 2023 seeks to have a bill of costs taxed by the Taxing Master at Kshs 378, 284. 40/- be converted as a judgment of this Court against the 1st defendant.

2. The applicant averred that all the procedure leading to the taxation was fulfilled and the application stands germane.

3. The application is opposed on grounds that there is already a Reference filed vide application dated January 4, 2023 which this Court ought to determine first.

4. Since there is already a taxed Bill of Costs, the application dated 14th September 2023 is allowed. The bill is hereby converted to a judgment of this Court.

5. The Reference filed against the Taxation will at the same time also address the issue as to whether that bill was properly taxed in accordance with the relevant Advocates Remuneration Order This will lead to an orderly determination of the issues still outstanding since execution is not yet up.

DATED, SIGNED, AND DELIVERED AT MALINDI VIRTUALLY ON THIS 8TH DAY OF FEBRUARY 2024. E. K. MAKORIJUDGEIn the Presence of:Ms. Gwahalla for the 1st defendantCC HappyIn the absence of:Mr. Staussi for the Defendants