[2020] KEHC 7534 (KLR)
The court found that, although the High Court has broad jurisdiction, Section 15 of the Civil Procedure Act requires that suits and related matters, such as taxation of costs, be handled in the court where the defendant resides or where the cause of action arose. Since the original suit was transferred to Mbita...
Source-derived case information.
- Citation
- [2020] KEHC 7534 (KLR)
- Parties
- Respondent: Odhiambo Owiti & Company Advocates; Applicant: Stephen Odero Wanga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 21 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Chamber Summons Challenging Taxation of Costs
- Outcome
- Application allowed. Certificate of costs set aside. Matter transferred for fresh taxation. Costs awarded to applicant.
- Judges
- TW Cherere
- Legal Topics
- Taxation of Costs, Jurisdiction of Court, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odhiambo Owiti & Company Advocates
Respondent
Stephen Odero Wanga
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons Challenging Taxation of Costs
Legal Issues
- 1 Whether the High Court in Kisumu had jurisdiction to tax the bill of costs for a suit transferred to Mbita Magistrate’s Court.
- 2 Whether the certificate of costs issued by the Kisumu High Court should be set aside.
- 3 Whether the matter should be transferred for fresh taxation to the appropriate court.
Ratio Decidendi
The court found that, although the High Court has broad jurisdiction, Section 15 of the Civil Procedure Act requires that suits and related matters, such as taxation of costs, be handled in the court where the defendant resides or where the cause of action arose. Since the original suit was transferred to Mbita Magistrate’s Court, the taxation of costs should not have been conducted by the Kisumu High Court. Consequently, the certificate of costs issued by the Kisumu High Court was set aside, and the matter was transferred to the Taxing Master at the High Court in Migori for fresh taxation.
Court Disposition
Application allowed. Certificate of costs set aside. Matter transferred for fresh taxation. Costs awarded to applicant.
Orders
- The certificate of costs dated 03.04.19 issued on 11.04.19 is set aside in its entirety.
- This case is transferred to the Taxing Master at the High Court in Migori for fresh taxation of the Advocate’s/Client’s bill of costs dated 25th February, 2019 and filed on 27th February, 2019.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
MISC. CIVIL APPLICATION NO 21 OF 2019
BETWEEN
ODHIAMBO OWITI & COMPANY ADVOCATES...ADVOCATE/RESPONDENT
AND
STEPHEN ODERO WANGA.....................................................APPLICANT/CLIENT
RULING
1. The suit for which the certificate of costs dated 03. 04. 19 was issued on 11. 04. 19 was initially filed as MIGORI HIGH COURT LAND CASE NO. 873 OF 2017. It was subsequently transferred to Mbita Magistrate’s Court and allocated file number MBITA ELC NO. 10 OF 2017.
2. This court enjoys countrywide unlimited jurisdiction in Criminal and Civil matters except in matters reserved for the exclusive jurisdiction of the Supreme Court under the Constitution or falling within the jurisdiction of the courts contemplated in Article 162 (2) of the Constitution.
3. Whereas it is a fact that there is no High Court in Mbita, Section 15 of the Civil Procedure Act (Cap 21 Laws of Kenya) provides that suits be instituted where defendant resides or cause of action arose.
4. From the foregoing therefore, I am persuaded that the Respondent’s Bill of Costs ought not to have been taxed by the taxing master at the High Court in Kisumu.
5. In the result, the chamber summons dated 30th January, 2020 filed on 04th February, 2010 is allowed in the following terms:
1)The certificate of costsdated 03. 04. 19 issued on 11. 04. 19 is set aside in its entirety.
2)This case is transferred to the Taxing Master at theHigh Court in Migori for fresh taxation of the Advocate’s/Client’s bill of costs dated 25th February, 2019 and filed on 27th February, 2019.
3)The Advocate/Respondent is condemned to pay the costs of this application to the Applicant/Client.
DATED, DELIVERED AND SIGNED ON THIS12thDAY OF March2020
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Amondi
For Applicant/Advocate -Achieng
For Respondent/Client -N/A