Ruling
- I have considered the appellant’s notice of motion dated 19.7.2024, the certificate of urgency issued by Eurry S Mabonga on the same date, the supporting affidavit sworn by John M Kithinji on even date and the annexures attached thereto and I do find that indeed the respondent had initially issued an invoice of Ksh 82,012 but his bill of costs was taxed at ksh 404,658 for conducting a sale of Ksh 320,000.
- Given that the appellant has not explained the delay of one month before it moved the court, I do find that it has not demonstrated urgency.
- On the balance I do hereby make the following orders.
- This application is not certified as urgent.
- The same be served upon the respondent within 2 days from the date hereof and the respondent to file a response within 10 days from the date hereof.
- Mention on 5.8.2024 for further directions.
- An order of stay of execution is hereby of the orders made on 19.6.2024 in Nyando Misc Application E004 of 2024; Brian Elly Opar T/A Skypac Consult Auctioneers vs Agricultural Finance Corporation is hereby granted until this application is heard inter parte.
- The appellants are ordered to deposit the same of ksh 100,000, in an interest earning joint account in the name of the respondent and the appellant’s advocates within 15 days from the date hereof.
- In the event of default in compliance with order e) hereinabove, the respondent shall be at liberty to execute for the sum of Ksh 82,012.
IT IS HEREBY SO ORDERED.
Delivered, signed and dated at Kisumu this 22. 08. 2024
Mwanaisha S Shariff
Judge