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Oguta v National Bank of Kenya (Civil Appeal E001 of 2020) [2022] KEHC 16267 (KLR) (15 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 16267 (KLR)
Republic of Kenya
Civil Appeal E001 of 2020
RE Aburili, J
December 15, 2022
Between
Pamela Ogalo Oguta
Appellant
and
National Bank of Kenya
Respondent
(An Appeal from Ruling dated 19th August 2020, of the Hon. P. Gesera - Chief Magistrate at Kisumu in Kisumu CMCC No. 323 of 2018)
Ruling
1.The last time this matter came up and parties appeared before the Judge was on 18/3/2022. The court fixed the matter for further directions on 30/6/2022 on which date nothing is indicated.
2.However, the court on its own motion, and in the registry, on 10/5/2022 did fix the matter for further directions on 14/7/2022. On the latter date, the parties never appeared in court hence the Judge fixed this matter for today for further directions.
3.A court of law cannot fix a case for further directions ad infinitum.
4.From the mail registry, the parties’ counsel were served for today. They both practice in Kisumu City where they have their known offices.
5.At some point, this appeal was listed for dismissal under order 17 rule 2 of the Civil Procedure Code.
6.What I see on record as an appeal as filed vide Memorandum of Appeal dated 17/9/2020 is a challenge to an order of taxation of costs by the trial magistrate.
7.A challenge to taxation of costs cannot be appealed against.
8.The process for challenging an order on taxation is clearly spelt out in paragraph 11 of the Advocates Remuneration Order which is a special procedure for ventilating grievances relating to taxation or assessment of costs.
9.That being the case, and as there is no competent reference placed before this court for consideration, I find this appeal incompetent.
10.I hereby, on my own motion strike it out. Each party to bear their own costs of this incompetent Appeal.
11.File closed.
12.I so order.
DATED, SIGNED AND DELIVERED AT KISUMU, THIS 15TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE
