[2024] KEHC 12255 (KLR)
The court held that it lacked jurisdiction to entertain the advocate/client bill of costs because jurisdiction must be expressly conferred by statute or the Constitution. Since the subject matter was land and the court was not vested with jurisdiction over such taxation in these circumstances, it could not proceed....
Source-derived case information.
- Citation
- [2024] KEHC 12255 (KLR)
- Parties
- Plaintiff: Sala and Mudany Advocates; Defendant: County Government of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E197 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate Client Bill of Costs
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- MS Shariff
- Legal Topics
- Jurisdiction of Court, Taxation of Costs, Advocate Client Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sala and Mudany Advocates
Plaintiff
County Government of Kisumu
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Advocate Client Bill of Costs
Legal Issues
- 1 Whether the High Court has jurisdiction to tax an advocate/client bill of costs relating to land matters.
- 2 Whether the advocate/client bill of costs should be struck out for want of jurisdiction.
Ratio Decidendi
The court held that it lacked jurisdiction to entertain the advocate/client bill of costs because jurisdiction must be expressly conferred by statute or the Constitution. Since the subject matter was land and the court was not vested with jurisdiction over such taxation in these circumstances, it could not proceed. The court therefore struck out the bill of costs and awarded costs to the respondent.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The advocate/client bill of costs dated 16th April, 2024 is struck out.
- Costs to the respondent assessed at Kshs. 15,000.
Full Case Text
Judgment text and source record
19 paragraphs
Sala and Mudany Advocates v County Government of Kisumu (Civil Miscellaneous E197 of 2024) [2024] KEHC 12255 (KLR) (14 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12255 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Miscellaneous E197 of 2024
MS Shariff, J
October 14, 2024
Between
Sala and Mudany Advocates
Plaintiff
and
County Government of Kisumu
Defendant
Ruling
1. Whereas the subject matter that informed the filing of this advocate/client bill of costs was land, the Applicant moved this court for taxation.
2. Jurisdiction is everything and this court cannot cloth itself with jurisdiction that is not donated to it by either statute or the Constitution of Kenya 2010. In the absence of jurisdiction all that a court can do is to down its tools and that is what I will do. (See Owners of Motor Vessel Lilian S -vs- Caltex Oil Kenya Ltd) (1989) KLR).
3. Premised upon the reasons aforestated I do hereby strike out the advocate/client bill of costs dated 16th April, 2024 with costs to the Respondent assessed at Kshs.15,000.
4. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE