[2019] KEHC 301 (KLR)
The High Court lacks jurisdiction to hear references arising from taxation of costs in Environment and Land Court matters. The applicant's failure to attach the relevant pleadings or application for taxation further undermined the application. As jurisdiction is fundamental and cannot be conferred by the parties,...
Source-derived case information.
- Citation
- [2019] KEHC 301 (KLR)
- Parties
- Applicant: Irene Samuel Odhiambo; Respondent: Angeline Onyango Ogutu
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 41 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Enlargement of Time to File Reference to Taxation of Costs
- Outcome
- application dismissed for want of jurisdiction and procedural deficiencies
- Judges
- RE Aburili
- Legal Topics
- Enlargement of Time, Taxation of Costs, Jurisdiction, Reference Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Samuel Odhiambo
Applicant
Angeline Onyango Ogutu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Enlargement of Time to File Reference to Taxation of Costs
Legal Issues
- 1 Whether the High Court has jurisdiction to hear a reference from taxation of costs in an Environment and Land Court case.
- 2 Whether the applicant's failure to attach the relevant pleadings or application for taxation is fatal to the application.
Ratio Decidendi
The High Court lacks jurisdiction to hear references arising from taxation of costs in Environment and Land Court matters. The applicant's failure to attach the relevant pleadings or application for taxation further undermined the application. As jurisdiction is fundamental and cannot be conferred by the parties, the application was misconceived and incompetent. Consequently, the court dismissed the application for want of jurisdiction and procedural deficiencies.
Court Disposition
application dismissed for want of jurisdiction and procedural deficiencies
Orders
- The application is dismissed.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLEANEOUS CIVIL CASE NO. 41 OF 2019
IRENE SAMUEL ODHIAMBO ……………. ……………………APPLICANT
VERSUS
ANGELINE ONYANGO OGUTU ……………………………. RESPONDENT
(an application for enlargement of time to file a Reference to Taxation of Costs from Bondo PM’s Court ELC Case No 67 of 2018 before Hon E.N.Wasike, SRM dated 17th October, 2019
RULING
1. The application dated 12. 11. 2019 filed under Certificate of Urgency is supported by grounds on the face thereof and supporting affidavit of Irene Samuel Adhiambo sworn on 12. 11. 2019.
2. The application seeks for orders enlarging time for filing of a reference to this Court from the taxation of costs in Bondo ELC No. 67 of 2018.
3. The application is opposed by the Respondent relying on the grounds of opposition dated 19. 11. 2019.
4. I have considered the application which has been argued orally by both Counsel for the respective parties on record.
5. First and foremost, the Application must fail for the key reason that the pleadings and or application for taxation in the suit subject matter wherein the costs were taxed is not even attached to the affidavit in support. In addition, the taxation was done in an Environment and Land Court Case.
6. This Court has no jurisdiction to hear references from an Environment and Land Court Case.
7. That being the case, this application is misconceived and incompetently filed before this Court. The same is hereby dismissed. Each Party to bear their own costs.
Dated, Signed and Delivered at Siaya this 20th day of November, 2019.
R.E. ABURILI
JUDGE
In the presence of:
Mr. Ochanyo Advocate h/b for Mr. Kaingu Advocate for the applicant
Mr. Okanda Advocate h/b for Mr. Khayumbi Advocate for the Respondent
CA: Brenda and Modestar