Advocates v Dominion Farms Limited [2022] KEHC 13789 (KLR)

Advocates v Dominion Farms Limited (Miscellaneous Civil Case E032 of 2021) [2022] KEHC 13789 (KLR) (5 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13789 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Civil Case E032 of 2021

RE Aburili, J

October 5, 2022

Between

Geoffrey Yogo & Erick Ojuro T/A Otieno, Yogo, Ojuro & Co. Advocates

Applicant

and

Dominion Farms Limited

Respondent

Ruling

1. This matter was filed before this court on November 18, 2021 as advocate/client bill of costs for taxation by the deputy of this court.

2. The deputy registrar then called for the substantive file wherein the legal services are alleged to have been rendered by the advocate/applicant the firm of Otieno, Yogo, Ojuri & Co Advocates.

3. That substantive file as cited in the bill of costs dated November 9, 2021 is Kisumu CMCC 597/2015 betweenCPG Engineering Solutions Ltd v Dominion Farms Limited.

4. However, it was discovered that the subject file is a Kisumu file and not a Siaya file. The geographical jurisdiction of Siaya High Court does not include Kisumu Chief Magistrate’s court.

5. I find that this matter was filed in this erroneously as the advocate has not even taken steps to prosecute it and this court would not call for a file from Kisumu CM’s court for taxation purposes. That jurisdiction falls within Kisumu High Court.

6. For that reason, I find the bill of costs filed in this court on November 16, 2021 to be erroneous and stray. The same is hereby struck out with no orders as to costs.

7. This file is accordingly closed.

8. I so ordered.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022. R.E. ABURILIJUDGE