[2024] KEHC 5123 (KLR)
The court found that the Kisumu High Court lacked jurisdiction to hear the Advocate-Client Bill of Costs since the primary suit, Bungoma CMCC No. 101 of 2011, was handled in Bungoma. The proper forum for taxation of the bill of costs is therefore the Bungoma High Court. The applicant had already taken steps to amend...
Source-derived case information.
- Citation
- [2024] KEHC 5123 (KLR)
- Parties
- Applicant: Odhiambo Owiti & Co. Advocates; Respondent: Kenya Orient Insurance Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 185 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Jurisdiction and Transfer
- Outcome
- file transferred to Bungoma High Court; Kisumu file closed
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Court, Transfer of Suit, Advocate Client Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odhiambo Owiti & Co. Advocates
Applicant
Kenya Orient Insurance Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the Kisumu High Court has jurisdiction to hear the Advocate-Client Bill of Costs arising from Bungoma CMCC No. 101 of 2011.
- 2 Whether the matter should be transferred to the Bungoma High Court for hearing and determination.
Ratio Decidendi
The court found that the Kisumu High Court lacked jurisdiction to hear the Advocate-Client Bill of Costs since the primary suit, Bungoma CMCC No. 101 of 2011, was handled in Bungoma. The proper forum for taxation of the bill of costs is therefore the Bungoma High Court. The applicant had already taken steps to amend the application to reflect the correct forum. No substantive orders for transfer had previously been made. In the interest of justice and proper administration, the court ordered the transfer of the file and matter to Bungoma High Court for hearing and final determination, and closed the file at Kisumu.
Court Disposition
file transferred to Bungoma High Court; Kisumu file closed
Orders
- This file and matter is hereby transferred to Bungoma High Court for hearing and final determination.
- Parties counsel to be notified forthwith.
Full Case Text
Judgment text and source record
25 paragraphs
Odhiambo Owiti & Co. Advocates v Kenya Orient Insurance Limited (Miscellaneous Civil Application 185 of 2020) [2024] KEHC 5123 (KLR) (6 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5123 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 185 of 2020
RE Aburili, J
May 6, 2024
Between
Odhiambo Owiti & Co. Advocates
Applicant
and
Kenya Orient Insurance Limited
Respondent
(Arising from the professional services rendered by the Applicant for the Respondent in the original Bungoma CMCC No. 101 of 2011)
Ruling
1. This matter was erroneously filed in this Court. The primary suit in which the advocate represented the client giving rise to Advocate Client Bill of Costs is Bungoma CMCC No. 101 of 2011.
2. It follows that the Bill of Costs by the advocate ought to have been filed at Bungoma High Court and not Kisumu High Court.
3. The Applicant/Advocate already sought and obtained leave to amend the application for taxation of the bill of costs to include the matter before Bungoma Chief Magistrate’s Court.
4. Directions were given by Deputy Registrar on 4th February 2021 to place the file before Hon. Ochieng J but no orders were made for transfer.
5. In the premises, I hereby direct that this file and matter is hereby transferred to Bungoma High Court for hearing and final determination.
6. Parties counsel to be notified forthwith.
7. From this end, this file is closed.
8. Ruling to be typed.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF MAY, 2024R. E. ABURILIJUDGE