Geoffrey, Yogo & Erick Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates (T/A OTIENO, YOGO, OJURO & CO. ADVOCATES) v Dominion Farms Limited [2022] KEHC 13614 (KLR)

Geoffrey, Yogo & Erick Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates (T/A OTIENO, YOGO, OJURO & CO. ADVOCATES) v Dominion Farms Limited (Miscellaneous Civil Case E049 of 2021) [2022] KEHC 13614 (KLR) (4 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13614 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Civil Case E049 of 2021

RE Aburili, J

October 4, 2022

Between

Geoffrey, Yogo & Erick Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates

Applicant

T/A OTIENO, YOGO, OJURO & CO. ADVOCATES

and

Dominion Farms Limited

Respondent

Ruling

1. This matter was originated by an advocate/client bill of costs dated December 15, 2021 filed on December 21, 2021 by the firm of Otieno Yogo, Ojuro Advocates against Dominion Farms LTD as the client. However, from the record, the deputy registrar of this court has been unable to tax the bill of costs for reasons that the court file that was cited as the file where the advocate rendered legal services to the client cannot be traced from the lower court, I say 'cannot be traced' because the cited file to this court is Siaya PMCC No 53/2014 James Obara Otwera Vs Dominion Farms Limited.

2. However, when the deputy registrar called for the cited file, which is Siaya PMCC No 53 of 2014, the file that was availed to her for purposes of perusal and verification of the legal services allegedly rendered by the advocate to his client has different parties in the name of Gordon Oginga Abwao (suing as legal representative of the Estate of Everlyne Anyango Okumu) versus Peter Amakoha, Justus Musila and Meshack Ayumba. The advocates in that case are totally different from the applicant herein.

3. The deputy registrar then directed the applicants’ counsel Ms Anyango, on April 20, 2022 to file a proper bill of costs containing the correct lower court file within 14 days but todate, nothing has been done.

4. The deputy registrar placed this file before me for appropriate directions.

5. Having considered the above stated circumstances, it is clear that there is no proper bill placed or filed before this court for taxation by the deputy registrar, there being no relevant court file in which the alleged legal services were rendered by the applicant/advocates.

6. For the above reasons, I hereby strike out the advocate/client bill of costs dated December 15, 2021 for want of proper particulars and close this file.

7. The file No Siaya PMCC 53/2014 to be returned to the lower court forthwith.

8. This file is hereby closed.

9. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 4TH DAY OF OCTOBER, 2022. R.E. ABURILIJUDGE