Elena Aoko Olala v South Nyanza Sugar Co. Ltd [2019] KEHC 9480 (KLR)

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