[2019] KEHC 9480 (KLR)
The court identified an irregularity in the assessment and payment of court further fees, noting that the amount assessed was inconsistent with the application for execution and was neither signed nor dated by a court official. The court directed the Deputy Registrar to demand and collect the correct fees and to...
Source-derived case information.
- Citation
- [2019] KEHC 9480 (KLR)
- Parties
- Appellant: Elena Aoko Olala; Respondent: South Nyanza Sugar Co. Ltd
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 86 of 2016
- Procedural Posture
- Civil Appeal / Interlocutory Application for Extension of Time and Stay of Execution
- Outcome
- Interim procedural orders issued; matter fixed for mention to confirm compliance with court fee requirements.
- Judges
- AC Mrima
- Legal Topics
- Extension of Time, Stay of Execution, Court Fees, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elena Aoko Olala
Appellant
South Nyanza Sugar Co. Ltd
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant is entitled to extension of time to lodge and serve the Notice of Appeal and Record of Appeal.
- 2 Whether stay of execution should be granted pending the intended appeal.
- 3 Whether the correct court fees have been assessed and paid.
Ratio Decidendi
The court identified an irregularity in the assessment and payment of court further fees, noting that the amount assessed was inconsistent with the application for execution and was neither signed nor dated by a court official. The court directed the Deputy Registrar to demand and collect the correct fees and to ensure proper assessment and collection in the future. The matter was fixed for mention to confirm compliance. The court did not determine the substantive application for extension of time and stay of execution, focusing instead on the procedural issue of court fees.
Court Disposition
Interim procedural orders issued; matter fixed for mention to confirm compliance with court fee requirements.
Orders
- Deputy Registrar to demand and collect the appropriate court further fees.
- Deputy Registrar to ensure correct fees are charged and collected henceforth.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MIGORI
CIVIL APPEAL NO. 86 OF 2016
ELENA AOKO OLALA.....................................................................APPELLANT
-VERSUS-
SOUTH NYANZA SUGAR CO. LTD............................................RESPONDENT
ORDER
1. This matter is scheduled for a ruling on the Notice of Motion dated 31/08/2018. The application sought for several orders including leave to extend time within which to lodge and serve both a Notice of Appeal and the Record of Appeal and stay of execution of the judgment and decree of this Court pending the filing and service of the Notice of Appeal and the Record of Appeal and the hearing and determination of the intended appeal before the Court of Appeal.
2. In the course of writing the ruling, I sought for the evidence for payment of the Court Further Fees which according to Application for Execution filed on 20/09/2018 stood at Kshs. 34,755/=. However, for unknown reasons the application was assessed at Kshs. 2,000/=. The assessment was not signed by any Court official neither was it dated.
3. This is therefore to direct the Deputy Registrar to demand and collect the appropriate Court Further Fees herein and to ensure that henceforth the correct fees are charged and collected.
4. This matter shall be fixed for Mention on 04/04/2019 to confirm compliance and for further orders.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 12th day of March 2019.
A. C. MRIMA
JUDGE