Ruth Njeri Zeyhle v Ebehard Zeyhle [2013] KEHC 6258 (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. 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 hear any issues related to the bill, including whether the auctioneer has the right to file the bill or whether the services rendered fell within the realm of the Auctioneers Act. The court does not have jurisdiction to determine these matters.

Outcome

The applications are referred to the Deputy Registrar.

Authorities cited