[2022] KEHC 1067 (KLR)
The court determined that the Advocates/Client Bill of Costs was filed in the wrong forum, as the original suit was Kisumu CMCC 20/2014. Therefore, the Bill of Costs should have been filed before the Kisumu High Court, not the Siaya High Court. To correct this procedural error, the court ordered the transfer of the...
Source-derived case information.
- Citation
- [2022] KEHC 1067 (KLR)
- Parties
- Applicant: Geoffrey Yogo & Erick Ojuro 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 E033 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Suit and Payment of Court Fees
- Outcome
- Application allowed in part; matter transferred to Kisumu High Court upon payment of court fees.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Suit, Court Jurisdiction, Advocate Client Bill 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 Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit and Payment of Court Fees
Legal Issues
- 1 Whether the Advocates/Client Bill of Costs was filed in the correct court.
- 2 Whether the matter should be transferred to the appropriate court for hearing and determination.
- 3 Whether court fees must be paid before transfer of the file.
Ratio Decidendi
The court determined that the Advocates/Client Bill of Costs was filed in the wrong forum, as the original suit was Kisumu CMCC 20/2014. Therefore, the Bill of Costs should have been filed before the Kisumu High Court, not the Siaya High Court. To correct this procedural error, the court ordered the transfer of the matter to the Kisumu High Court for hearing and final determination. Additionally, the court directed that the applicant must pay the full assessed court fees into the Siaya court before the file is transmitted to Kisumu. The file is closed from the Siaya court's end.
Court Disposition
Application allowed in part; matter transferred to Kisumu High Court upon payment of court fees.
Orders
- This matter is transferred to Kisumu High Court for hearing and final determination.
- Full court fees must be paid into this court before the file is transmitted to Kisumu.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLANEOUS CIVIL CASE NO. E033 OF 2021
GEOFFREY YOGO & ERICK OJURO T/A OTIENO,
YOGO,OJURO& CO. ADVOCATES......................................................APPLICANT
VERSUS
DOMINION FARMS LTD.....................................................RESPONDENT/CLIENT
RULING
1. I have considered the application by counsel for the applicant. I observe that the original suit subject of Advocates/client Bill of costs filed herein is Kisumu CMCC 20/2014.
2. It follows that Advocates/client Bill of costs ought to have been filed before Kisumu High Court and not before this court.
3. Accordingly, I find that this matter was mistakenly filed here. It is hereby transferred to Kisumu High Court for hearing and final determination.
4. However, as the applicant has not paid court fees for the application as filed and assessed, I direct that full court fees be paid into this court before this file is transmitted to Kisumu for hearing and final determination.
5. This file is closed from this end.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF MARCH, 2022
R.E. ABURILI
JUDGE