[2023] KEHC 26620 (KLR)
The court determined that it could not do justice in the matter without sight of the trial records in Busia CMCCC No. E037 of 2020, as the application for stay of execution and leave to file a reference out of time is closely tied to the proceedings and orders made in that file. The court therefore ordered that the...
Source-derived case information.
- Citation
- [2023] KEHC 26620 (KLR)
- Parties
- Applicant: West Kenya Sugar Company Limited; Respondent: Kennedy Shikuku T/A Eshikoni Auctioneers
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E047 of 2023
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Application for Stay of Execution and Leave to File Reference Out of Time
- Outcome
- Mention for compliance and further directions; no final orders on the substantive application.
- Judges
- WM Musyoka
- Legal Topics
- Stay of Execution, Taxation of Costs, Leave to File Reference Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
West Kenya Sugar Company Limited
Applicant
Kennedy Shikuku T/A Eshikoni Auctioneers
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Application for Stay of Execution and Leave to File Reference Out of Time
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the order taxing the auctioneer's Bill of Costs.
- 2 Whether leave should be granted to file a reference against the taxation out of time.
- 3 Whether the court can proceed without the trial records from Busia CMCCC No. E037 of 2020.
Ratio Decidendi
The court determined that it could not do justice in the matter without sight of the trial records in Busia CMCCC No. E037 of 2020, as the application for stay of execution and leave to file a reference out of time is closely tied to the proceedings and orders made in that file. The court therefore ordered that the Deputy Registrar call for the file before making any substantive determination on the application, and set the matter for mention for compliance and further directions.
Court Disposition
Mention for compliance and further directions; no final orders on the substantive application.
Orders
- The Deputy Registrar shall call for the file in Busia CMCCC No. E037 of 2020.
- The matter shall be mentioned on 20th December 2023 for compliance and further directions.
Full Case Text
Judgment text and source record
18 paragraphs
West Kenya Sugar Company Limited v Shikuku t/a Eshikoni Auctioneers (Miscellaneous Application E047 of 2023) [2023] KEHC 26620 (KLR) (13 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26620 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Application E047 of 2023
WM Musyoka, J
December 13, 2023
Between
West Kenya Sugar Company Limited
Applicant
and
Kennedy Shikuku T/A Eshikoni Auctioneers
Respondent
Ruling
1. The application for determination is dated 25th October 2023, seeking stay of execution of an order made on 10th August 2022, taxing an auctioneer’s Bill of Costs, at Kshs. 660,830. 00; and leave to file a reference against the said taxation out of time.
2. These proceedings are pegged on what happened in Busia CMCCC No. E037 of 2020. I believe that I can only do justice in the matter if I had sight of the trial records in Busia CMCCC No. E037 of 2020.
3. Let the Deputy Registrar call for the file in Busia CMCCC No. E037 of 2020. The matter shall be mentioned on 20th December 2023, for compliance and further directions. It is so ordered.
DATED AND SIGNED IN CHAMBERS, AND DELIVERED BY EMAIL, AT BUSIA THIS 13THDAY OF DECEMBER 2023W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Otieno, instructed by O&M Law LLP, Advocates for the applicant.Ms. Nabulindo, instructed by DK Nabulindo & Company, Advocates for the respondent.