Ruth Njeri Zeyhle v Ebehard Zeyhle [2013] KEHC 6202 (KLR)

Facts

Ruth Njeri Zeyhle and Eberhard Zeyhle are estranged spouses who agreed to liquidate their matrimonial assets and share the proceeds equally. Mr. Mathias Mboya Maitha, trading as M/s. Yambo Merchants and Auctioneers, claimed to have facilitated the sale of two properties (LR Nos. 14971/6 and 14971/9) and sought fees or commission for his services. Both parties dispute Mr. Mboya's role in the sales.

Issues

1. Whether evidence should be taken from Mr. Mboya regarding his alleged facilitation of the sales.
2. Whether the Deputy Registrar should hear the taxation of the bill filed by Mr. Mboya.

Reasoning

The taxation of bills in the High Court is the responsibility of the Deputy Registrar. The Deputy Registrar should determine whether the auctioneer has the right to file the bill and whether the services rendered fall within the realm of the Auctioneers Act. The matter should be referred to a Judge only on appeal from the Deputy Registrar's decision.

Outcome

The applications are referred to the Deputy Registrar for hearing and determination.

Authorities cited