PETER KIMATHI RIUNGU & 2 OTHERS v JAPHETH S. ASIGE & ANOTHER PETER KIMATHI RIUNGU & 2 OTHERS v JAPHETH S. ASIGE & SAMMY O. ANYANZWA p/a ASIGE KEVERENG & ANYANZWA ADVOCATES [2008] KEHC 2673 (KLR)
- Court
- High Court of Kenya
- Case number
- 2673
- Citation
- [2008] KEHC 2673 (KLR)
- Decided
- 4 March 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a motion to direct the defendant to pay court feesCoramJ.K. SERGON
Holding
The motion is ordered struck out with costs assessed at Ksh.5,000/- to the respondent. The Deputy Registrar is directed to re-assess the court fees within 15 days from the date of this judgment.
Facts
The plaintiffs sought an order directing the defendants to pay Ksh.53,180/- on account of court fees. The defendants resisted the motion, claiming it was premature as the court fees had not been re-assessed by the Deputy Registrar.
Issues
- Prematurity of the motion to direct payment of court fees
- Re-assessment of court fees by the Deputy Registrar
Reasoning
The Deputy Registrar did not re-assess the court fees as per the consent order recorded on 15th March 2006. The motion was filed before the Deputy Registrar re-assessed the court fees.
Outcome
Motion struck out with costs
Orders
- Order to re-assess court fees within 15 days from the date of this judgment
- Motion struck out with costs assessed at Ksh.5,000/- to the respondent
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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