1. This matter came up before me for directions on the notice of motion dated 15.1.2026. IT sought inter alia a stay of execution pending appeal from the judgment of the deputy registrar of this court. The application is incompetent as no such appeal lies to the court of appeal in respect to taxation.
2. The requisite steps post-taxation have not been followed. Such an application must be saved from the ignominy of its own incompetence. It would be a waste of judicial power to set a date for the application.
3. Without any step being taken to impeach the ruling, the court will be involved in a reed dance without producing results. It is sad to note that the application was filed by A firm of advocates, and it is in this state.
4. A notice of appeal has no place in the proceedings before the deputy registrar of this court. Without proper proceedings, anything anchored on such nullities is equally a nullity. In Macfoy vs. United Africa Co. Ltd [1961] 3 All E.R. 1169, Lord Denning delivering the opinion of the Privy Council at page 1172 (1) said;
If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the Court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the Court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.”
5. In the end, the application dated 15.1.2026 is struck out. each party to bear their own costs.
DELIVERED, DATED and SIGNED at NYERI on this 27th day of January, 2026. Ruling delivered extempore, through Microsoft Teams Online Platform.
In the presence of:
Ex tempore, exparte
Court Assistant – Michael
2. The requisite steps post-taxation have not been followed. Such an application must be saved from the ignominy of its own incompetence. It would be a waste of judicial power to set a date for the application.
3. Without any step being taken to impeach the ruling, the court will be involved in a reed dance without producing results. It is sad to note that the application was filed by A firm of advocates, and it is in this state.
4. A notice of appeal has no place in the proceedings before the deputy registrar of this court. Without proper proceedings, anything anchored on such nullities is equally a nullity. In Macfoy vs. United Africa Co. Ltd [1961] 3 All E.R. 1169, Lord Denning delivering the opinion of the Privy Council at page 1172 (1) said;
If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the Court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the Court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.”
5. In the end, the application dated 15.1.2026 is struck out. each party to bear their own costs.
DELIVERED, DATED and SIGNED at NYERI on this 27th day of January, 2026. Ruling delivered extempore, through Microsoft Teams Online Platform.
In the presence of:
Ex tempore, exparte
Court Assistant – Michael