EASTLAND HOTEL LIMITED V. WAFULA SIMIYU & CO ADVOCATES

RULING OF THE COURT

The dispute between the parties in this application arises from advocate client Bill of Costs lodged by the respondent against the applicant. The Deputy Registrar of the High Court taxed the Bill; the applicant was dissatisfied and moved by way of Reference to the High Court challenging the taxation. Its reference to the High Court was dismissed vide a Ruling dated 21^st January 2014.

Subsequent to the dismissal of the reference by the High Court, the applicant moved this Court for an order to stay proceedings and execution of the taxed Bill of Costs. By a ruling dated 21^st March 2014, this Court granted a conditional stay of execution of the High Court decree ensuing from the ruling dated 21^st January 2014 and any consequential orders therefrom. The conditional terms of the stay order were as follows:

“(a) The applicant shall within 45 days from the date of delivery of this Ruling deposit the sum of Kshs.5,000,000/= (five million) in a joint interest earning account w…