Dasemy Auctioneers v Double Shasha Ltd & another (Miscellaneous Civil Application E067 of 2025) [2026] KEHC 4694 (KLR) (10 April 2026) (Ruling)

Dasemy Auctioneers v Double Shasha Ltd & another (Miscellaneous Civil Application E067 of 2025) [2026] KEHC 4694 (KLR) (10 April 2026) (Ruling)

The High Court lacks jurisdiction to entertain the application by way of chamber summons as the lower court's order was not on taxation of an auctioneer's bill but on joinder of parties; the proper procedure is to file a miscellaneous application at the subordinate court for taxation of the bill.

Citation
[2026] KEHC 4694 (KLR)
Parties
Applicant: Dasemy Auctioneers; 1st Respondent: Double Shasha Ltd; 2nd Respondent: Busia County Assembly Sacco Ltd
Court
High Court
Jurisdiction
Kenya
Judgment Date
10 April 2026
Case Number
Miscellaneous Civil Application E067 of 2025
Procedural Posture
Miscellaneous Civil Application / Ruling on Chamber Summons Seeking to Set Aside Lower Court Orders and Tax Auctioneer's Bill
Outcome
Application dismissed
Legal Topics
Auctioneer's Fees, Taxation of Costs, Jurisdiction, Appeals From Subordinate Courts
Source Language
English
Civil Procedure Auctioneer's Fees Taxation of Costs Jurisdiction Appeals From Subordinate Courts

Case Brief

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Parties

Dasemy Auctioneers

Applicant

Double Shasha Ltd

1st Respondent

Busia County Assembly Sacco Ltd

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Chamber Summons Seeking to Set Aside Lower Court Orders and Tax Auctioneer's Bill

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the application by way of chamber summons under Rule 55(4)(5) of the Auctioneers Rules
  2. 2 Whether the applicant was properly joined as an interested party in the lower court proceedings
  3. 3 Proper procedure for taxation of auctioneer's bill of costs

Ratio Decidendi

The High Court lacks jurisdiction to entertain the application by way of chamber summons as the lower court's order was not on taxation of an auctioneer's bill but on joinder of parties; the proper procedure is to file a miscellaneous application at the subordinate court for taxation of the bill.

Court Disposition

Application dismissed

Orders

  • Chamber summons dated 14th July 2025 is dismissed
  • No order as to costs