West Kenya Sugar Company Limited v Shikuku t/a Eshikoni Auctioneers [2023] KEHC 26620 (KLR)

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.