GILBERT KANYEKI MUCHEMI vs ROBERT MAINA MUCHEMI [2003] KEHC 902 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

CIVIL APPEAL NO. 82 OF 1993

GILBERT KANYEKI MUCHEMI ………………………………….. PLAINTIFF

VERSUS

ROBERT MAINA MUCHEMI ………………………………………. DEFENDANT

19/9/2003

Coram: Before J.N. Muniu – DR

Cc Mwangi

Mugo for applicant

Respondent in person

Mugo – The matter is from our Bill of Costs dated 4th June 2003. It is drawn to scale and it is totaling to Kshs.150,835/-. I pray that the same be assessed as drawn.

Respondent – The case was a Succession Case. I don’t understand why I should pay the costs. I only require my parcel of land. I am the one who had brought up the case. I don’t recognise the Bill of Costs.

Mugo – The respondent was served with the Bill. He has not pointed out any particular item. The court awarded costs on 11/2/2003. Coming up for a hearing of an application by the respondent. The application was dismissed with costs. That marked the matter as settled. The matter was before J.V.O. Juma (Justice). Ruling was delivered on 11/2/2003 where the respondent’s application was dismissed with costs. The applicant is entitled to costs.

J.N. MUNIU

DR

19/9/2003

Court – Ruling on 3/10/2003.

J.N. MUNIU

DR

19/9/2003

RULING

On 19th September 2003, the matter was coming up for the assessment of the Bill of Costs for the respondent against the appellants. The respondent’s counsel prayed that the same be assessed at Kshs.150,835/-. The Appellant claims that he is the one who had brought up the case, and was indeed not entitled to pay any costs. He says that the matter was for Succession. He did not therefore recognise any Bill of Costs.

From the Ruling of the court, in High Court Civil Appeal No. 82 of 1993, the appellant/respondent had filed in Court of Appeal to set aside the award filed and ,,,,,,,,,,,,,,,,,,,,, in the lower court vide SRM’s Succession Suit No. 78/93. The Appeal was dismissed with costs for Leave of merit. It is therefore ordered that the appellant is entitled to bear the costs of the suit. The present Bill of Costs was filed and the same was served upon the appellant. There has been no serious challenge and the appellant did not point out any item that he was disputing. He made wholesale averments of nonrecognition of the Bill. I proceed to allow the Bill of Costs and the same is assessed at Kshs.150,835/- against the Appellant for the Respondents in the Appeal.

Right of Appeal within 28 days.

J.N. MUNIU

DEPUTY REGISTRAR

3/10/2003