[2022] KEHC 1082 (KLR)

[2022] KEHC 1082 (KLR)

The court found that the application concerning the advocate/client bill of costs was inadvertently filed in the Siaya High Court instead of the Kisumu High Court, which has jurisdiction over the subject matter. The judge ordered the transfer of the file to the Kisumu High Court for hearing and final determination....

Source-derived case information.

Citation
[2022] KEHC 1082 (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 E038 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Transfer and Payment of Court Fees
Outcome
file transferred to Kisumu High Court upon payment of court fees; file closed at Siaya
Judges
RE Aburili
Legal Topics
Transfer of Suit, Court Fees, Advocate Client Bill of Costs
Source Language
en
Civil Procedure Transfer of Suit Court Fees Advocate Client Bill of Costs

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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 and Payment of Court Fees

Legal Issues

  1. 1 Whether the application was properly filed in the current court.
  2. 2 Whether the file should be transferred to the appropriate court for hearing and determination.
  3. 3 Whether court fees must be paid before transfer.

Ratio Decidendi

The court found that the application concerning the advocate/client bill of costs was inadvertently filed in the Siaya High Court instead of the Kisumu High Court, which has jurisdiction over the subject matter. The judge ordered the transfer of the file to the Kisumu High Court for hearing and final determination. However, the court noted that the applicant had not paid the assessed court fees and directed that such fees be paid before the file could be transmitted. The file was closed at Siaya pending compliance with the payment directive.

Court Disposition

file transferred to Kisumu High Court upon payment of court fees; file closed at Siaya

Orders

  • The file is transferred to Kisumu High Court for hearing and final determination.
  • Court fees as assessed must be paid before transmission of the file.