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Andrew O Nyangweso v. Alloys Barasa, Oye Ashioya t/a Ashioya & Co Advocates & Emmanuel Otiangala t/a Kuronya Auctioneers

(2018) JELR 106096 (CA)

Court of Appeal  •  Civil Appeal 216 of 2012  •  20 Jul 2018  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

INTRODUCTION

1. This is an appeal from the Ruling of Kimaru, J. dated 31st July, 2012 in which the court invoked its inherent jurisdiction and set aside the exparte assessment of the respondent’s bill of costs so that the appellant could have an opportunity to participate in the taxation of the same. That notwithstanding, the appellant was not satisfied with the decision and preferred an appeal to this Court.

BACKGROUND

2. On 15th March, 2012 the appellant filed an appeal in the Court of Appeal at Kisumu to challenge the decision of the High Court of Kenya at Busia in Civil Appeal No. 39 of 2010 regarding refusal by the Resident Magistrate’s Court, Busia, to adopt an order by the Rent Restriction Tribunal (RRT) against the respondents.

3. The appellant also filed an application for stay of execution of the High Court’s order pending hearing and determination of the appeal.

4. On 3rd April, 2012 the appellant filed an application seeking to have the notice of taxation d…

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