[2022] KEHC 874 (KLR)

[2022] KEHC 874 (KLR)

The court determined that since the subject matter of the advocate/client bill of costs is Kisumu CMC 58/2009, the High Court at Siaya is not the proper forum. The file was mistakenly filed in Siaya and should be transferred to the Kisumu High Court, which has jurisdiction over the originating matter. Additionally,...

Source-derived case information.

Citation
[2022] KEHC 874 (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 E040 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Transfer of File and Payment of Court Fees
Outcome
file transferred to Kisumu High Court; applicant to pay court fees; Siaya file closed
Judges
RE Aburili
Legal Topics
Transfer of Suit, Court Fees, Jurisdiction
Source Language
en
Civil Procedure Transfer of Suit Court Fees Jurisdiction

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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 High Court at Siaya has jurisdiction over the advocate/client bill of costs originating from Kisumu CMC 58/2009.
  2. 2 Whether the file should be transferred to the Kisumu High Court for hearing and determination.
  3. 3 Whether the applicant is required to pay court fees before the file is transmitted.

Ratio Decidendi

The court determined that since the subject matter of the advocate/client bill of costs is Kisumu CMC 58/2009, the High Court at Siaya is not the proper forum. The file was mistakenly filed in Siaya and should be transferred to the Kisumu High Court, which has jurisdiction over the originating matter. Additionally, the applicant had not paid the requisite court fees for the application; therefore, the court directed that full court fees must be paid as assessed before the file is transmitted to Kisumu High Court for hearing and final determination. The Siaya file is closed accordingly.

Court Disposition

file transferred to Kisumu High Court; applicant to pay court fees; Siaya file closed

Orders

  • The file is transferred to Kisumu High Court for hearing and determination.
  • The applicant shall pay full court fees for the application as assessed before the file is transmitted.