Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in judgment (arising from Nakuru Chief Magistrate's Court E&LRC Miscellaneous Application No. 246 of 2023)

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
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

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

#

Executive summary

#
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.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant is entitled to extension of time to lodge an appeal out of time under Rule 55(5) of the Auctioneers Rules
  2. 2.Whether the Application, which pursues multiple distinct orders in one omnibus motion, is properly before the Court
  3. 3.Whether the orders of taxation/assessment made on 12th March 2024 should be set aside and the Respondent's Bill of Costs reassessed

Key legal issues

#
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

#
  • 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

#
  1. 1.The entire Appeal/Application filed by the Appellant is declined
  2. 2.No order on the costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

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

Relief refused

#

Deeming the Application an Appeal and leave to lodge the Appeal out of time

No explanation offered for the 4-month inordinate delay beyond the 7-day period under Rule 55(5)

p. 2

Stay of execution pending appeal

No valid appeal exists since extension of time was refused

p. 3

Setting aside the taxation orders and reassessment of the Bill of Costs

Application was an omnibus one incapable of proper adjudication, and no specific item of the taxed Bill was shown to be wrongly allowed

p. 2

Costs

No order on the costs.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It is odered: a. The entire Appeal/Application filed by the Appellant is declined. b. No order on the costs.
p. 3Final orders - dismissal of the appeal/application
As it is, there is no valid Appeal before the Court, and the orders sought have no merit.
p. 3Consequence of failure to seek and obtain extension of time
Such applications, are incapable of proper adjudication by the Court, for each of the relief sought, apart from being governed by difierent rules, is also subject to long established and difierent judicial principles.
p. 2Omnibus applications
Her afidavit does not ofier any form of an explanation, for the inordinate delay of 4 months, from the date of the assessment, to the date of filing the Appeal.
p. 2Unexplained inordinate delay

Issues in the judgment

#
minor

Prayer [i] of the application is omitted from the numbered recitation of prayers; the text jumps to prayer [ii]

minor

Typographical errors: 'odered' for 'ordered', and 'ofiier/ofier' for 'offer'

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

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.