40 EAST AFRICAN COMMUNITY GAZETTE 5th May, 2010 (2) Where an application is made for stay of execution of an appealable decree before the expiration of the time allowed for appealing there from, the court which passed the decree may on sufficient cause shown order the execution to be stayed. (3) No order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the First Instance Division or the court making it is satisfied— (3) (a) that substantial loss may result to the party applying for stay of execution unless the order is made; (b) that the application has been made without unreasonable delay; and (c) that security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him. Notwithstanding anything contained in sub-rule (3), the court may make an ex-parte order for stay of execution pending the hearing of the application. SECTION XIX: COSTS Rule 111: Costs (1) Costs in any proceedings shall follow the event unless the Court shall for good reasons otherwise order. (2) If it appears to Court that costs have been incurred improperly or without reasonable cause by reason of any misconduct or default of the party and or advocate, the Court may call on the advocate by whom such costs have been so incurred to show cause why such costs should not be borne by the advocate personally, and thereupon may make such order as the justice of the case requires. Rule 112: Assessment of costs (1) When the Court makes an order for costs it may assess the same or direct the costs to be taxed and any order in which the amount is not assessed, shall operate as a direction that the costs be taxed. (2) For the purpose of execution for costs, certificate of taxation and the order directing taxation shall be appended to the execution order. Rule 113: Taxation of costs (1) The Registrar shall be a taxing officer with power to tax the costs of or arising out of any claim or reference as between parties. (2) The remuneration of an advocate by the client shall be by agreement between them. Where there is no such agreement either of the parties may refer the matter to the Registrar for taxation. (3) The costs shall be taxed in accordance with the Rules and scale set out in the Second Schedule for the First Instance Division and Eighth Schedule for the Appellate Division . Rule 114: Reference on taxation Any person who is dissatisfied with a decision of the taxing officer may within fourteen (14) days apply for any matter to be referred to a single judge of the Court whose decision shall be final.

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