[2025] KEHC 8084 (KLR)
The court found that the applicant failed to provide any documentary evidence to support the claim that Kshs. 11,605,000.00 was paid to the respondent or that such payment included the taxed costs for Busia CMCCC No. 171 of 2018. In the absence of such evidence, the court held that there was no basis to grant a stay...
Source-derived case information.
- Citation
- [2025] KEHC 8084 (KLR)
- Parties
- Applicant: Ogejo Omboto & Kijala, Advocates, LLP; Respondent: United Millers Limited
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E040 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay, Review, and File Transmission
- Outcome
- application dismissed with costs
- Judges
- WM Musyoka
- Legal Topics
- Stay of Execution, Review of Orders, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ogejo Omboto & Kijala, Advocates, LLP
Applicant
United Millers Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay, Review, and File Transmission
Legal Issues
- 1 Whether the applicant has provided sufficient evidence to warrant a stay of execution of the order made on 27th November 2024.
- 2 Whether the applicant is entitled to review of the said orders based on alleged prior payment of taxed costs.
- 3 Whether the lower court file should be transmitted back for fresh taxation.
Ratio Decidendi
The court found that the applicant failed to provide any documentary evidence to support the claim that Kshs. 11,605,000.00 was paid to the respondent or that such payment included the taxed costs for Busia CMCCC No. 171 of 2018. In the absence of such evidence, the court held that there was no basis to grant a stay of execution, review the previous orders, or transmit the file for fresh taxation. The application was therefore dismissed for lack of material to support the reliefs sought.
Court Disposition
application dismissed with costs
Orders
- The application dated 1st March 2025 is dismissed with costs.
- The temporary orders of 4th March 2025 are discharged.
Full Case Text
Judgment text and source record
20 paragraphs
Ogejo Omboto & Kijala, Advocates, LLP v United Millers Limited (Miscellaneous Application E040 of 2023) [2025] KEHC 8084 (KLR) (10 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8084 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Application E040 of 2023
WM Musyoka, J
June 10, 2025
Between
Ogejo Omboto & Kijala, Advocates, LLP
Applicant
and
United Millers Limited
Respondent
Ruling
1. I am called upon to determine an application, dated 1st March 2025. It seeks stay of execution of an order I made herein on 27th November 2024, review of the said orders, and the transmission of the lower court file back to the lower court for fresh taxation.
2. The foundation of the application is the claim that the taxed amount of costs, of Kshs. 572,185. 51, arising from Busia CMCCC No. 171 of 2018, had in fact been paid prior to the taxation of the Advocate-client bill of costs. It is stated that the respondent had raised a fee note of Kshs. 942,000. 00, with respect to Busia CMCCC No. 171 of 2018, and the said fee note was settled, together with others, when a payment of Kshs. 11,605,000. 00 was made through RTGS, on 4th July 2020.
3. From the documents, attached to the affidavit sworn in support of the application, by Kamal Narshi Shah, on 1st March 2025, I do not see any that relates to a RTGS of 4th July 2020, nor any relating to a payment of an amount of Kshs. 11,605,000. 00, from a bank account operated by the applicant to that operated by the respondent, through RTGS.
4. In short, I have no evidence before me, to establish that an amount of Kshs. 11,605,000. 00 was paid to the respondent, and that part of that alleged amount covered the fees for the services rendered with respect to Busia CMCCC No. 171 of 2018.
5. In view of the above, I do not have any material before me upon which I can grant the orders sought in the application, by way of the Motion, dated 1st March 2025. That application is dismissed, with costs. The temporary orders, of 4th March 2025, are hereby discharged. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA ON THIS 10TH DAY OF JUNE 2025. WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Odhiambo, instructed by Wasuna & Company, Advocates for the applicant.Mr. Okwemba, instructed by Ogejo Omboto & Kijala, Advocates for the respondent.