Twiga Chemical Industries Limited v Gichuki King’ara & Co. Advocates [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
Asike-Makhandia, M’Inoti, Sichale, JJ.A
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Twiga Chemical Industries Limited v Gichuki King’ara & Co. Advocates [2020] eKLR, highlighting key legal principles and implications of the judgment.

Case Brief: Twiga Chemical Industries Limited v Gichuki King’ara & Co. Advocates [2020] eKLR

1. Case Information:
- Name of the Case: Twiga Chemical Industries Limited v. Gichuki King’ara & Co. Advocates
- Case Number: Civil Appeal (Application) No. 245 of 2020
- Court: Court of Appeal, Nairobi
- Date Delivered: October 9, 2020
- Category of Law: Civil
- Judge(s): Asike-Makhandia, M’Inoti, Sichale, JJ.A
- Country: Kenya

2. Questions Presented:
The central legal issues before the court are:
- Whether the applicant has an arguable appeal against the ruling of the Environment & Land Court (ELC).
- Whether the appeal would be rendered nugatory without a stay of execution pending the determination of the intended appeal.

3. Facts of the Case:
The applicant, Twiga Chemical Industries Limited, sought a stay of execution against a ruling made by the ELC on June 11, 2020, which directed the re-taxation of an Advocates’ Bill of Costs. The respondent, Gichuki King’ara & Co. Advocates, had filed a bill seeking substantial legal fees based on a speculative valuation of the subject matter of a previous suit. The applicant contended that the ruling was flawed, particularly regarding the consideration of an email that was not formally admitted as evidence. The applicant argued that the ruling would lead to undue financial disadvantage if execution proceeded.

4. Procedural History:
The case progressed through various stages, beginning with the initial taxation of the bill of costs, which resulted in an award of Kshs. 5,319,992.50. Both parties expressed dissatisfaction, leading to the respondent's application for review, which was granted by the ELC. The applicant filed an application for stay of execution on June 26, 2020, asserting that the appeal had strong prospects of success and that proceeding with re-taxation would cause irreparable harm.

5. Analysis:
- Rules: The court considered Rules 1 (2) & 5(2)(b) of the Court of Appeal Rules and Sections 3A & 3B of the Appellate Jurisdiction Act, which govern the conditions under which a stay of execution may be granted.
- Case Law: The court referenced *Stanley Kang’ethe Kinyanjui v. Tony Keter & 5 Others* and *Dennis Mogambi Mong’are v. Attorney General & 3 Others*, emphasizing that an arguable appeal is one that raises serious questions of law deserving consideration. The court also noted the importance of preventing substantial loss in *Mukuma v. Abuoga*.
- Application: The court found that the applicant raised non-frivolous issues regarding the admissibility of the email in question and the manner in which instruction fees were calculated. The court determined that if the re-taxation proceeded without a stay, the applicant could suffer significant financial loss, rendering any successful appeal nugatory.

6. Conclusion:
The Court of Appeal ruled in favor of the applicant, granting a stay of execution of the ELC's ruling pending the determination of the intended appeal. The court underscored the necessity of preserving the status quo to prevent irreparable harm to the applicant.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The Court of Appeal's decision to grant a stay of execution in *Twiga Chemical Industries Limited v. Gichuki King’ara & Co. Advocates* highlights the court's commitment to ensuring that parties are not unduly prejudiced while awaiting the resolution of legal disputes. The ruling reinforces the principles of maintaining the status quo and preventing potential financial harm during the appeals process. The case serves as a significant reference for future applications concerning stays of execution in civil matters.

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