Search court decisions

…Ordinarily, the court ought to have acted on the same day and assessed the fees and proceeding to activate the suit upon payment of court fees.…

…Although the matter in issue is governed by the Small Claims Court Act, 2016, I think guidance on the issue of filing and payment of court filing fees can be gleaned from section 96 of the Civil Procedure Act (Chapter 21…

…Ordinarily, the court ought to have acted on the same day and assessed the fees and proceeding to activate the suit upon payment of court fees.…

…Although the matter in issue is governed by the Small Claims Court Act, 2016, I think guidance on the issue of filing and payment of court filing fees can be gleaned from section 96 of the Civil Procedure Act (Chapter 21…

…Ordinarily, the court ought to have acted on the same day and assessed the fees and proceeding to activate the suit upon payment of court fees.…

…Although the matter in issue is governed by the Small Claims Court Act, 2016, I think guidance on the issue of filing and payment of court filing fees can be gleaned from section 96 of the Civil Procedure Act (Chapter 21…

…Ordinarily, the court ought to have acted on the same day and assessed the fees and proceeding to activate the suit upon payment of court fees.…

…Although the matter in issue is governed by the Small Claims Court Act, 2016, I think guidance on the issue of filing and payment of court filing fees can be gleaned from section 96 of the Civil Procedure Act (Chapter 21…

…Given the reasons advanced I will in the interest of justice reinstated the same and condemn the Applicant to pay additional court fees of Kshs.4,000 for having wasted judicial time on 8.5.2024 when this appeal was dismissed…

…Given the reasons advanced I will in the interest of justice reinstated the same and condemn the Applicant to pay additional court fees of Kshs.4,000 for having wasted judicial time on 8.5.2024 when this appeal was dismissed…

…Given the reasons advanced I will in the interest of justice reinstated the same and condemn the Applicant to pay additional court fees of Kshs.4,000 for having wasted judicial time on 8.5.2024 when this appeal was dismissed…

…Consequently, on the 3/8/2023 the trial court discovered that the respondent had failed to pay the court fees and directed its advocates on record to settle the same within 30 days’ failure of which the defence and counterclaim…

…On the 14/9/2023 the trial court proceeded to strike out the respondent’s defence and counterclaim for failure to pay court fees and on the 5/10/2023, it entered interlocutory judgment in favour of the appellant.…

…The learned trial magistrate erred in finding that the matter of payment of court fees was a procedural issue that should not be adhered to. e.…

…and placed reliance on the case of Bhavna Patel Mandaliya vs Chetan Arron Solanki [2021] eKLR. 5.It was submitted that it was wrong for the trial court to invoke Article 159 of the Constitution with regard to payment of court…

…appeal out of time against the Judgment delivered on 7 th day of October 2025 and Ruling delivered on 24 th March 2026. (3) THAT the Memorandum of appeal filed herein be deemed as duly filed upon payment of the requisite court…

…fees. 4.…

…It submitted that a document was deemed filed once payment of the prescribed court fees was done. It conceded that the court generated the payment receipt and issued the cause number, on 10th July 2022.…

…In its written submissions, the respondent states that it paid for the claim on 8th July 2022, at 15.31 Hours, as per the court fee receipt issued on 10th July 2022, and he referred to page 1 of a supplementary record of…

…The Applicant shall also pay additional court fees of Kshs.2,000 given that in light of this reinstatement the Appellant wasted this court’s judicial time on 20.1.2023.…

…The court may, subject to any objection as to limitation or jurisdiction, treat a proceeding under this section as a suit, or a suit as a proceeding, and may, if necessary, order payment of any additional court fees.…

…separate suit. (2) The court may, subject to any objection as to limitation or jurisdiction, treat a proceeding under this section as a suit, or a suit as a proceeding, and may, if necessary order payment or any additional court…

…fees. (3) Where a question arises as to whether any person is or is not a representative of a party, such questions shall, for purposes of this section be determined by the court. 8.…

…I award costs of the appeal to the appellant which I assess at Kshs. 15,000/- exclusive of court fees. DATED and DELIVERED at KISII this 21st day of DECEMBER 2018. D.S.…

…On a without prejudice basis, kindly address us on liability and reasonably quantify your client’s claim and avail us copies of the Instruction Note, the Claimant’s Identity Card and receipts for the pleaded specials and Court…

…Fees to enable us seek further instructions on the claim.…

…He also seeks that he be allowed to file the record of appeal out of time and further that the record of appeal attached to the Application be deemed as duly filed upon payment of court fees. 2.…

…separate suit. (2) The Court may, subject to any objection as to limitation or jurisdiction, treat a proceeding under this section as a suit, or a suit as a proceeding, and may, if necessary, order payment of any additional Court…

…fees. (3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.…

…The respondent had properly entered appearance and filed defence to the appellant claim and paid the requisite court fees way back in April 2015 complete with the 1st defendant witness statement filed on 29th April 2015.…