Geoffrey Yogo & Erick Ojuro T/A Otieno, Yogo, Ojuro & Co. Advocates v Dominion Farms Limited [2024] KEHC 5122 (KLR)

Geoffrey Yogo & Erick Ojuro T/A Otieno, Yogo, Ojuro & Co. Advocates v Dominion Farms Limited (Miscellaneous Civil Application E028 of 2022) [2024] KEHC 5122 (KLR) (9 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5122 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E028 of 2022

RE Aburili, J

May 9, 2024

Between

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

Applicant

and

Dominion Farms Limited

Respondent

(Arising from the professional legal services rendered by the Applicant/Advocate to the Respondent/client in Dominion Farms Limited vs Charles Onyango Okumu, James Odhiambo Okumu & Wilson Odhiambo Mlama)

Ruling

1. The application dated 24th March 2023 seeks for adoption of the Certificate of Costs dated 9th December 2022 as Judgment/Decree of this court. It is not opposed.

2. I have considered the application, certificate of costs and the proceedings leading to the taxation.

3. I have also considered the Bill of Costs dated 17th December 2021 as filed.

4. I decline to adopt the Certificate of Costs as judgment of this court for the following reasons:-1. There is no case number given in which the advocate was instructed to institute suit for trespass against the Defendants. Only names of parties are given.

2. There is no evidence that the advocate was retained to act for the client and whether the cause of action was for trespass and therefore the basis for Kshs.200,000 as instruction fees.

3. There is no evidence that the Taxing officer ever saw or examined the unnamed case file and in which court it was lodged, and whether the services allegedly rendered by the advocate were indeed rendered to warrant the Bill of Costs.

5. This court is not a rubber stamp of erroneous court processes.

6. In my view, there is no basis upon which the Taxing Master found the Bill of Costs dated 17th December 2021 as taxed for being to scale.

7. I decline to enter judgment in terms of the Certificate of Costs dated 9th December 2022.

8. I hereby set aside that faulty taxation together with the certificate of costs and remit the file to the Deputy Registrar of this court to retax the Bill afresh upon satisfying herself that the Respondent is duly served with the Bill and Notice of taxation; and taking into account the observations made in this brief Ruling.

9. Mention before the Deputy Registrar on 20th June, 2024. I so order.

Dated, Signed and Delivered at Kisumu this 9th Day of May, 2024R. E. ABURILIJUDGEPage 2 of 2