[2022] KEHC 1084 (KLR)

[2022] KEHC 1084 (KLR)

The court found that the Advocate/Client Bill of Costs was erroneously filed at the Siaya High Court, as the original suit was before the Kisumu Chief Magistrate’s Court. In accordance with the Civil Procedure Act and the Advocates (Remuneration) Order, the proper forum for the bill of costs is the High Court at...

Source-derived case information.

Citation
[2022] KEHC 1084 (KLR)
Parties
Applicant: Geoffrey Yogo & Erick Ojuri T/A Otieno, Yogo, Ojuro & Co. Advocates; Respondent: Dominion Farms Ltd
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Case E027 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
matter transferred to Kisumu High Court; file closed at Siaya High Court
Judges
RE Aburili
Legal Topics
Transfer of Suit, Jurisdiction, Advocate Client Bill of Costs
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Advocate Client Bill of Costs

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Parties

Geoffrey Yogo & Erick Ojuri T/A Otieno, Yogo, Ojuro & Co. Advocates

Applicant

Dominion Farms Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the Siaya High Court has jurisdiction to hear the Advocate/Client Bill of Costs.
  2. 2 Whether the matter should be transferred to the Kisumu High Court for hearing and determination.

Ratio Decidendi

The court found that the Advocate/Client Bill of Costs was erroneously filed at the Siaya High Court, as the original suit was before the Kisumu Chief Magistrate’s Court. In accordance with the Civil Procedure Act and the Advocates (Remuneration) Order, the proper forum for the bill of costs is the High Court at Kisumu. The court therefore ordered the transfer of the matter to the Kisumu High Court for hearing and final determination, and closed the file at Siaya High Court.

Court Disposition

matter transferred to Kisumu High Court; file closed at Siaya High Court

Orders

  • The matter is transferred to Kisumu High Court forthwith for hearing and final determination.
  • The file is closed from Siaya High Court.