[2022] KEHC 1244 (KLR)

[2022] KEHC 1244 (KLR)

The court determined that since the main file concerning the advocate/client bill of costs is before the Kisumu Chief Magistrate's Court, it is appropriate to transfer the current file to the Kisumu High Court for hearing and determination. However, the applicant is required to pay the full court fees as assessed...

Source-derived case information.

Citation
[2022] KEHC 1244 (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 E036 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Transfer of File and Payment of Court Fees
Outcome
file transferred to Kisumu High Court upon payment of assessed court fees; file closed at Siaya High Court
Judges
RE Aburili
Legal Topics
Transfer of Proceedings, Advocate Client Bill of Costs
Source Language
en
Civil Procedure Transfer of Proceedings 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 of File and Payment of Court Fees

Legal Issues

  1. 1 Whether the file relating to the advocate/client bill of costs should be transferred to Kisumu High Court for hearing and determination.
  2. 2 Whether the applicant should pay the full court fees assessed before transmission of the file.

Ratio Decidendi

The court determined that since the main file concerning the advocate/client bill of costs is before the Kisumu Chief Magistrate's Court, it is appropriate to transfer the current file to the Kisumu High Court for hearing and determination. However, the applicant is required to pay the full court fees as assessed before the file can be transmitted. This ensures proper jurisdiction and compliance with procedural requirements regarding payment of court fees before transfer of proceedings.

Court Disposition

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

Orders

  • The file is transferred to Kisumu High Court for hearing and determination.
  • The applicant is ordered to pay the full court fees as assessed on 2/3/2022 before the file can be transmitted to Kisumu High Court.