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…Section 96 of the Civil Procedure Act provides for power to make up deficiency of court fees.…

…court will proceed to strike out pleadings for which court fees have not been paid or fully paid.…

…Efforts to get the respondent either produce the receipt for paying the court fees has been fruitless hence this application.…

…In reply counsel for the applicant stated that it is for the plaintiff to show they paid court fees.…

…out and the one attached to the present application states in paragraph 6 as follows: "By letter dated 20th May 1998 the Advocates were notified that the proceedings and judgment were ready for collection on payment of court…

…fees."…

…That the Applicant be granted leave to file appeal out of time and the annexed draft Memorandum of Appeal be deemed as duly filed and served upon payment of the requisite court fees. iii.…

…Whether the Memorandum of Appeal should be deemed properly filed upon payment of court fees 37.…

…Lastly, on the issue whether the Memorandum of Appeal should be deemed properly filed upon payment of court fees, the Respondent relying on the decision in Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries…

…That the draft memorandum of Claim be deemed as duly filed on payment of requisite court fees and the same be served accordingly upon the Respondent iv. That costs of this application be in the cause 3.…

…The Applicant would be forced to file new pleadings that would force him to pay court fees again. He would then incur costs of serving the Respondent again.…

…That the Applicant be granted leave to file appeal out of time and the annexed draft Memorandum of Appeal be deemed as duly filed and served upon payment of the requisite court fees. iii.…

…That the Appellant be granted leave to file its defence to the claim and the draft defence attached thereto be deemed properly filed and served subject to payment of court fees only. 4.…

…Is it because they wanted to avoid paying court fees on the sum of shs.8,652,438/= as the learned judge has himself asked during the course of the arguments before him?…

…bill of costs under the Advocates Remuneration Order, I assess costs payable to the Claimant at Kshs. 50,000 to cover reasonable expenses attendant to and incidental to prosecution of the case, including reimbursements of court…

…fees and service of documents. 65.…

…The Memorandum of Appeal filed together with the Applicant’s application shall be deemed as duly filed upon payment of the requisite court fees within the said period. iii.…