JUDGMENT OF THE COURT
By a plaint dated and purportedly lodged in the High Court at Kisumu on the 28th June, 1993, Nagendra Sexena, the appellant herein, claimed from Miwani Sugar Mills Ltd., the 1st respondent herein, a total of United States Dollars 400,000 on the foot of an alleged agreement between them. We say the plaint was “purportedly” lodged because as it turned out the issue of whether the plaint had been properly lodged arose before Mwera, J whose ruling and orders is the subject of the appeal before us. Mwera, J appears to have found and held in his ruling given on the 13th day of June, 2008 some fifteen years after the suit was filed that there was no evidence before him that the appellant had paid the requisite court fee payable on the plaint. The plaint was filed on behalf of the appellant by his then advocates, M/s Naphtally J.B. Hawala. Upon its filing a summons was issued on the very same day for service upon the respondents. There was no dispute before Mwera, J that …