[2024] KEHC 5126 (KLR)
The court found that the application to convert the certificate of costs into a decree could not be granted because there was no evidence of retainer, no case number for the underlying matter, and no evidence of the cause of action or its value. The court further held that the taxation conducted by the Deputy...
Source-derived case information.
- Citation
- [2024] KEHC 5126 (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 Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E027 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Convert Certificate of Costs Into Decree
- Outcome
- Application dismissed; certificate of costs and taxation set aside; matter remitted for fresh taxation.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Costs, Retainer Evidence
- 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 Application to Convert Certificate of Costs Into Decree
Legal Issues
- 1 Whether the certificate of taxation of costs can be converted into a court decree in the absence of evidence of retainer and cause of action.
- 2 Whether the taxation conducted by the Deputy Registrar was valid and procedurally sound.
Ratio Decidendi
The court found that the application to convert the certificate of costs into a decree could not be granted because there was no evidence of retainer, no case number for the underlying matter, and no evidence of the cause of action or its value. The court further held that the taxation conducted by the Deputy Registrar was fundamentally flawed, as there was no indication that the parent file was examined or that the respondent was properly served. The proceedings were deemed mechanical and a sham, and thus the certificate of costs and the taxation were set aside. The matter was remitted for fresh interpartes taxation with proper service and consideration of the issues identified.
Court Disposition
Application dismissed; certificate of costs and taxation set aside; matter remitted for fresh taxation.
Orders
- The taxation and certificate of costs dated 9th December 2022 are set aside.
- The file is remitted to the Deputy Registrar for fresh interpartes taxation.
Full Case Text
Judgment text and source record
22 paragraphs
Geoffrey Yogo & Erick Ojuro T/A Otieno, Yogo, Ojuro & Co. Advocates v Dominion Farms Limited (Miscellaneous Civil Application E027 of 2022) [2024] KEHC 5126 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5126 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E027 of 2022
RE Aburili, J
May 9, 2024
Between
Geoffrey Yogo & Erick Ojuro T/A Otieno, Yogo, Ojuro & Co. Advocates
Advocate
and
Dominion Farms Limited
Client
(Arising from the professional legal services rendered by the Applicant/Advocate to the Respondent/client in Total Kenya Ltd vs Dominion Farms Limited)
Ruling
1. I have perused this file, the taxation conducted by the Deputy Registrar and her Ruling of 9th December 2023.
2. The Certificate of Taxation of costs is dated 9th December 2022 for Kshs.609,259.
3. I have considered the application seeking conversion of the certificate of costs into decree of this court.
4. I decline to grant the prayers sought for the following reasons:1. There is no case number given for the parties Total Kenya Ltd v Dominion Farms Limited.2. There is no evidence of retainer.3. There is no evidence of the cause of action whose value is given as Kshs.10,853,516. 61. 4.In my view, the taxation was wholly erroneous. This court is not a rubber stamp for entering of judgment on a certificate of costs that cannot be supported.5. There is no evidence that the Taxing Master ever examined the parent file in which the advocate allegedly acted for the client.6. The proceedings herein conducted by the Deputy Registrar are mechanical and a sham. They cannot stand.
5. I hereby set aside the taxation and certificate of costs dated 9th December 2022 and remit the file back to the Deputy Registrar for fresh interpartes taxation taking into account the reasons given herein upon ensuring that the Respondent has been duly served with the Bill and Notice of Taxation.
6. I so order
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE