[2022] KEHC 13789 (KLR)
The Siaya High Court lacks jurisdiction to tax an advocate/client bill of costs arising from a matter filed in the Kisumu Chief Magistrate's Court. The proper forum for such taxation is the Kisumu High Court, as the substantive file is within Kisumu's jurisdiction. The applicant erroneously filed the bill of costs...
Source-derived case information.
- Citation
- [2022] KEHC 13789 (KLR)
- Parties
- Applicant: Geoffrey Yogo & Erick Ojuro T/A Otieno, Yogo, Ojuro & Co. Advocates; Respondent: Dominion Farms Limited
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E032 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate Client Bill of Costs
- Outcome
- bill of costs struck out for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction, Advocate Client Bill of Costs, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Yogo & Erick Ojuro T/A Otieno, Yogo, Ojuro & Co. Advocates
Applicant
Dominion Farms Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Advocate Client Bill of Costs
Legal Issues
- 1 Whether the Siaya High Court has jurisdiction to tax an advocate/client bill of costs arising from a matter filed in Kisumu Chief Magistrate's Court.
- 2 Whether the bill of costs was properly filed before the Siaya High Court.
Ratio Decidendi
The Siaya High Court lacks jurisdiction to tax an advocate/client bill of costs arising from a matter filed in the Kisumu Chief Magistrate's Court. The proper forum for such taxation is the Kisumu High Court, as the substantive file is within Kisumu's jurisdiction. The applicant erroneously filed the bill of costs in Siaya, and the court cannot assume jurisdiction over a matter originating from another court's geographical area. Consequently, the bill of costs is struck out as improperly before the court.
Court Disposition
bill of costs struck out for want of jurisdiction
Orders
- The bill of costs filed in this court on November 16, 2021 is struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Advocates v Dominion Farms Limited (Miscellaneous Civil Case E032 of 2021) [2022] KEHC 13789 (KLR) (5 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13789 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Civil Case E032 of 2021
RE Aburili, J
October 5, 2022
Between
Geoffrey Yogo & Erick Ojuro T/A Otieno, Yogo, Ojuro & Co. Advocates
Applicant
and
Dominion Farms Limited
Respondent
Ruling
1. This matter was filed before this court on November 18, 2021 as advocate/client bill of costs for taxation by the deputy of this court.
2. The deputy registrar then called for the substantive file wherein the legal services are alleged to have been rendered by the advocate/applicant the firm of Otieno, Yogo, Ojuri & Co Advocates.
3. That substantive file as cited in the bill of costs dated November 9, 2021 is Kisumu CMCC 597/2015 betweenCPG Engineering Solutions Ltd v Dominion Farms Limited.
4. However, it was discovered that the subject file is a Kisumu file and not a Siaya file. The geographical jurisdiction of Siaya High Court does not include Kisumu Chief Magistrate’s court.
5. I find that this matter was filed in this erroneously as the advocate has not even taken steps to prosecute it and this court would not call for a file from Kisumu CM’s court for taxation purposes. That jurisdiction falls within Kisumu High Court.
6. For that reason, I find the bill of costs filed in this court on November 16, 2021 to be erroneous and stray. The same is hereby struck out with no orders as to costs.
7. This file is accordingly closed.
8. I so ordered.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022. R.E. ABURILIJUDGE