Ex tempore
This matter comes up for Notice to Show cause why the Bill of Costs should not be struck out on the ground that the Applicant has failed to supply the Respondent with the Bill of Costs together with the supporting documents despite being so ordered by the Deputy Registrar.
The Applicant states that it has supplied documents as the subject of the application has been litigated upon. That the Deputy Registrar has indeed delivered a ruling on the matter which confirms that documents were served.
I have considered the arguments by the parties and the record and there is no indication that the Bill of Costs was filed together with supporting documents.
I therefore order the Applicant to file and serve upon the Respondents the Bill of Costs together with the accompanying documents in support of the Bill of Costs within 14 days from the date hereof in default of which the entire Bill of Costs shall stand struck out.
Mention on 23.11.2023 for direction before the DR on taxation of the Bill of Costs upon compliance with the order.
DATED and DELIVERED at NAIROBI this 8th day of NOVEMBER 2023
D. S. MAJANJA
JUDGE
ORDER
I decline to grant leave to appeal as there is no prospect of success of the proposed appeal given that the ruling is in the nature of directions.
DATED and DELIVERED at NAIROBI this 8th day of NOVEMBER 2023
D. S. MAJANJA
JUDGE