I have seen the application dated 4 November 2024 filed by George Matiko Chacha, the 1st respondent herein.
I see that it seeks orders for setting aside taxation of the bill of costs herein; claims that the judgment is contradictory; and seeks review of judgment. Those orders cannot be granted at all. First, no bill has been taxed so it is pointless seeking setting aside of a bill that has not been taxed. Secondly, the applicant lost his case before the trial court, i.e Migori ELC No. 792 of 2017 and Appeal No. E061 of 2021 in the Court of Appeal. Both of these were dismissed with costs meaning that the other parties are entitled to file a bill of costs for taxation. Thirdly, this Court cannot sit to review a Court of Appeal judgment and in fact this court is bound by that judgment.
I see no reason to certify the application as urgent. I also see no reason why I should set that application down for hearing inter partes for it is very clear to me that the application is a total abuse of the court process and devoid of any merit.
I hereby proceed to dismiss it instantly.
It is so ordered.
GIVEN AND ISSUED THIS 6 DAY OF NOVEMBER 2024