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ELRCDismissedNot stated in judgment (arising from Nakuru Chief Magistrate's Court E&LRC Miscellaneous Application No. 246 of 2023)· [2025] KEELRC 383 (KLR)

Haji t/a Almumin High School v Onsongo t/a Hegeons Auctioneers (Appeal E055 of 2024) [2025] KEELRC 383 (KLR)

Environment and Land Court (presided over by a Judge in chambers)
14 February 2025
865 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Nakuru dismissed an appeal filed four months late against taxed auctioneers' fees, because the appellant never explained the delay.

What this practically means

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Executive summary

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The Appellant filed an application dated 22nd July 2024 seeking, among other reliefs, that the application be deemed an appeal under Rules 55(3) and (4) of the Auctioneers Rules, leave to lodge the appeal out of time, an interim stay of execution, setting aside of the orders of the Principal Magistrate in Nakuru Chief Magistrate's Court E&LRC Miscellaneous Application No. 246 of 2023 made on 12th March 2024 (by which the Respondent's Bill of Costs was taxed ex parte as drawn), and in the alternative that the Court itself reassess the Bill. The Respondent did not file a response or submissions despite being granted repeated time to do so; the matter proceeded on the Appellant's affidavit and submissions by consent. The Court framed the application as one brought under Rule 55(4) and (5) of the Auctioneers Rules, 1997, which confers a right of appeal to a Judge in chambers against an assessment, to be filed within 7 days by Chamber Summons. The Court found the Appeal was filed 4 months after the assessment, contrary to the prescribed 7-day period, with no explanation for the inordinate delay, no clear grounds of appeal, no explanation for the Appellant's absence at the taxation, and no identification of any specific item wrongly allowed. The Court further held, following Muriithi Wanjao and Silei, that the application was an omnibus one improperly combining distinct reliefs governed by different rules and principles; extension of time should have been sought first. It also rejected the complaint that the taxing Court ought to have 'reassessed' the Bill, holding that its role was to assess, not reassess. The entire Appeal/Application was declined with no order on the costs.

Key legal issues

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01

Extension of time to appeal out of the prescribed 7-day period

Holding

Extension refused; the applicant gave no explanation for the 4-month delay and did not disclose clear grounds of appeal

Reasoning

The Court held that a party seeking extension of time must explain the delay and show arguable grounds. The Appellant filed 4 months after assessment, offered no explanation for the delay, did not explain her absence when the Bill was taxed, and did not identify any specific item wrongly allowed by the Taxing Master.

p. 2
02

Omnibus applications combining distinct reliefs

Holding

The Application was an omnibus one and inappropriate; the Appellant should have first sought extension of time in a separate application

Reasoning

Relying on Muriithi Wanjao and Silei, the Court held that applications pursuing various distinctive orders under one umbrella are incapable of proper adjudication because each relief is governed by different rules and different judicial principles. Extension of time should have been sought first to open the path to other reliefs.

p. 2
03

Scope of the taxing Court's role under Rule 55(3)

Holding

The taxing Court's role was to assess the Bill, not to reassess it; the complaint that it failed to 'reassess' was misconceived

Reasoning

The Court found the Appellant's grievance that the taxing Court allowed the Bill as drawn without reassessing it misplaced. Rule 55(3) mandates assessment of auctioneers' fees and disbursements, and the Court could not fault the taxing Court for not performing a function outside its role.

p. 2

Legal principles established

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  • An aggrieved party must file an appeal against an assessment of auctioneers' fees within 7 days under Rule 55(5) of the Auctioneers Rules, and extension of time requires an explanation for the delay
  • An omnibus application pursuing various distinctive orders under one umbrella is inappropriate and incapable of proper adjudication

Court orders

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  1. 1.The entire Appeal/Application filed by the Appellant is declined
  2. 2.No order on the costs
On appeal from
Chief Magistrate's Court (Nakuru), E&LRC Miscellaneous
246 of 2023
Jurisdiction invoked
Rules 55(3), (4) and (5) of the Auctioneers Rules, 1997

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Haji t/a Almumin High School v Onsongo t/a Hegeons Auctioneers (Appeal E055 of 2024) [2025] KEELRC 383 (KLR)", Case Analysis (2025). Not stated in judgment (arising from Nakuru Chief Magistrate's Court E&LRC Miscellaneous Application No. 246 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/383/eng@2025-02-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.