Odhiambo Owiti & Company Advocates v Stephen Odero Wanga [2020] KEHC 7534 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

(CORAM: CHERERE-J)

MISC. CIVIL APPLICATION NO 21 OF 2019

BETWEEN

ODHIAMBO OWITI & COMPANY ADVOCATES...ADVOCATE/RESPONDENT

AND

STEPHEN ODERO WANGA.....................................................APPLICANT/CLIENT

RULING

1. The suit for which the certificate of costs dated 03. 04. 19 was issued on 11. 04. 19 was initially filed as MIGORI HIGH COURT LAND CASE NO. 873 OF 2017. It was subsequently transferred to Mbita Magistrate’s Court and allocated file number MBITA ELC NO. 10 OF 2017.

2. This court enjoys countrywide unlimited jurisdiction in Criminal and Civil matters except in matters reserved for the exclusive jurisdiction of the Supreme Court under the Constitution or falling within the jurisdiction of the courts contemplated in Article 162 (2) of the Constitution.

3. Whereas it is a fact that there is no High Court in Mbita, Section 15 of the Civil Procedure Act (Cap 21 Laws of Kenya) provides that suits be instituted where defendant resides or cause of action arose.

4. From the foregoing therefore, I am persuaded that the Respondent’s Bill of Costs ought not to have been taxed by the taxing master at the High Court in Kisumu.

5. In the result, the chamber summons dated 30th January, 2020 filed on 04th February, 2010 is allowed in the following terms:

1)The certificate of costsdated 03. 04. 19 issued on 11. 04. 19 is set aside in its entirety.

2)This case is transferred to the Taxing Master at theHigh Court in Migori for fresh taxation of the Advocate’s/Client’s bill of costs dated 25th February, 2019 and filed on 27th February, 2019.

3)The Advocate/Respondent is condemned to pay the costs of this application to the Applicant/Client.

DATED, DELIVERED AND SIGNED ON THIS12thDAY OF March2020

T.W. CHERERE

JUDGE

Read in open court in the presence of-

Court Assistant  - Amondi

For Applicant/Advocate  -Achieng

For Respondent/Client  -N/A