SAMUEL OGODO WAGA V. FISH PROCESSORS (2000) LTD

RULING OF THE COURT

In a Judgment delivered on 26^th July 2012 by the High Court at Kisumu (H. K. Chemitei, J) in High Court Civil Appeal No. 184 of 2011, the applicant’s appeal, against a decision of the Magistrate’s Court denying him leave to amend his statement of defence was dismissed. Costs of that appeal were awarded to the respondent and were taxed on 16^th April 2013 against the applicant in the sum of Kshs. 52,532.60.

Unhappy, the applicant applied to the High Court through his application dated 3^rd September 2012 to review, vary or set aside the Judgment delivered on 26^th July 2012. That application was heard and dismissed by the High Court (H. K. Chemitei, J) on 31^st October 2012. The applicant appealed to this Court against the order dismissing his application for review in Kisumu Civil Appeal No. 358 of 2012.

By an application by Notice of Motion dated 25^th April 2013 the applicant moved the High Court for an order that “the Bill of Costs as taxed be set aside” and for an “ord…