Otieno, Yogo, Ojuro & Co. Advocates v Dominion Farms Limited [2022] KEHC 13388 (KLR)

Otieno, Yogo, Ojuro & Co. Advocates v Dominion Farms Limited (Miscellaneous Civil Case E053 of 2021) [2022] KEHC 13388 (KLR) (4 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13388 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Civil Case E053 of 2021

RE Aburili, J

October 4, 2022

Between

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

Applicant

and

Dominion Farms Limited

Respondent

Ruling

1. The applicant in this matter is Geoffrey Yogo & Ojuro Advocates Trading as Otieno, Yogo & Ojuro Co Advocates. They filed a bill of costs between client and advocates dated December 15, 2021 on December 21, 2021 seeking for taxation by the deputy registrar of this court as required by law. In the said bill of costs, they cited the matter wherein they represented their client as Siaya PMCC No 3 of 2017, Twiga Chemist Industries Ltd v Dominion Farms Limited.

2. Before the deputy registrar could tax the filed bill of costs, she called for the original file for perusal to satisfy herself that the items listed in the bill of costs agree with the file where the advocate allegedly rendered the legal services in line with the client’s instructions.

3. The file that was traced is Siaya PM’s CC No 3/2017 Bakri International Energy Co (K) Limited v Dominion Farms Limited.

4. A perusal of the said file shows that the original file was transferred from Kisumu CMCC 537/2016.

5. The deputy registrar referred this matter to the judge for directions.

6. Having considered the matter and inability of the deputy registrar to tax the filed advocate/client bill of costs owing to wrong citation of the case file wherein the legal services were rendered by the applicant/advocate, despite the deputy registrar advising the applicant to rectify the situation way back on April 20, 2022 to no avail, I hereby direct that the bill of costs dated December 15, 2021 and filed on December 21, 2021 not being anchored on the correct file for purposes of taxation and with the applicant failing to avail correct particulars to facilitate taxation thereof, thereby creating unnecessary backlog in this court, the said bill of costs is hereby struck out and this file is hereby closed.

7. The wrong file Siaya PMCC No 3/2017 to be returned to the lower court forthwith.

8. I make no orders as to costs.

9. Orders accordingly.

Dated, signed and delivered at Siaya this 4th Day of October, 2022R.E. ABURILIJUDGE