Geofirey Yogo & Erick Ojuro T/A Otieno, Yogo, Ojuro & Co. Advocates v Dominion Farms Limited (Miscellaneous Civil Application E027 of 2022) [2024] KEHC 5126 (KLR) (9 May 2024) (Ruling) Neutral citation: [2024] KEHC 5126 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CIVIL APPLICATION E027 OF 2022 RE ABURILI, J MAY 9, 2024 BETWEEN GEOFFREY YOGO & ERICK OJURO T/A OTIENO, YOGO, OJURO & CO. ADVOCATES .............................................................................................. ADVOCATE AND DOMINION FARMS LIMITED ..................................................................... CLIENT (Arising from the professional legal services rendered by the Applicant/Advocate to the Respondent/client in Total Kenya Ltd vs Dominion Farms Limited) RULING 1. I have perused this file, the taxation conducted by the Deputy Registrar and her Ruling of 9th December 2023. 2. The Certificate of Taxation of costs is dated 9th December 2022 for Kshs.609,259. 3. I have considered the application seeking conversion of the certificate of costs into decree of this court. 4. I decline to grant the prayers sought for the following reasons: 1. There is no case number given for the parties Total Kenya Ltd v Dominion Farms Limited. 2. There is no evidence of retainer. 3. There is no evidence of the cause of action whose value is given as Kshs.10,853,516.61. 4. In my view, the taxation was wholly erroneous. This court is not a rubber stamp for entering of judgment on a certificate of costs that cannot be supported. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5126/eng@2024-05-09 1
page 1 of 2
5. There is no evidence that the Taxing Master ever examined the parent file in which the advocate allegedly acted for the client. 6. The proceedings herein conducted by the Deputy Registrar are mechanical and a sham. They cannot stand. 5. I hereby set aside the taxation and certificate of costs dated 9th December 2022 and remit the file back to the Deputy Registrar for fresh interpartes taxation taking into account the reasons given herein upon ensuring that the Respondent has been duly served with the Bill and Notice of Taxation. 6. I so order DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5126/eng@2024-05-09 2
page 2 of 2