[2024] KEHC 12276 (KLR)

[2024] KEHC 12276 (KLR)

The court determined that since the dispute concerns a certificate of taxation on party and party bill of costs arising from the division of matrimonial property, and the certificate was issued by the Deputy Registrar of the Family Division, the appropriate course is to have the application reassigned to the...

Source-derived case information.

Citation
[2024] KEHC 12276 (KLR)
Parties
Applicant: Wilfred Barasa Opondo; Respondent: Camilita Akinyi Odebero
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Application E178 of 2023
Procedural Posture
Miscellaneous Application / Directions
Outcome
Application to be reassigned to the Presiding Judge of the Family Division for directions.
Judges
JN Mulwa
Legal Topics
Matrimonial Property Division, Taxation of Costs, Party and Party Costs
Source Language
en
Family and Children Civil Procedure Matrimonial Property Division Taxation of Costs Party and Party Costs

Source-derived case record

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Parties

Wilfred Barasa Opondo

Applicant

Camilita Akinyi Odebero

Respondent

Procedural Posture

Miscellaneous Application / Directions

Legal Issues

  1. 1 Whether the application concerning the certificate of taxation on party and party bill of costs arising from division of matrimonial properties should be heard by the current court or reassigned.
  2. 2 Whether the Deputy Registrar Family Division is the appropriate forum for further directions on the matter.

Ratio Decidendi

The court determined that since the dispute concerns a certificate of taxation on party and party bill of costs arising from the division of matrimonial property, and the certificate was issued by the Deputy Registrar of the Family Division, the appropriate course is to have the application reassigned to the Presiding Judge of the Family Division for further directions. This ensures that the matter is handled by the proper forum with jurisdiction over family and matrimonial property disputes, in accordance with established procedures for taxation of costs within the Family Division.

Court Disposition

Application to be reassigned to the Presiding Judge of the Family Division for directions.

Orders

  • The application is re-routed to the Deputy Registrar Family Division to reassign to the Presiding Judge of the Family Division for directions.