John Mwangi Ndethi v Githambo Tea Factory [2021] KEHC 7457 (KLR)
- Court
- High Court of Kenya
- Case number
- 7457
- Citation
- [2021] KEHC 7457 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil CasePostureApplicant's preliminary objection upheld; party and party bill of costs struck outCoramKanyi Kimondo
Holding
The bill of costs is struck out with no order on costs
Facts
The applicant obtained judgment against the respondent in a magistrate's court case and then filed a party and party bill of costs at the High Court, which was subsequently challenged by the respondent.
Issues
- Whether the bill of costs can be entertained at the High Court
- Whether the costs should be assessed in the magistrate's court
Reasoning
The primary suit was heard and determined by the magistrate's court, and the order for costs emanates from that court. The High Court does not have jurisdiction to assess the costs.
Outcome
The applicant's party and party bill of costs is struck out with no order on costs
Orders
- The applicant's party and party bill of costs dated 19th November 2018 filed before the High Court is struck out with no order on costs
Authorities cited
Cases cited (2)
- Nyamogo & Nyamogo Advocates v Pan African Assurance Ltd & Another, High Court at Nairobi, Misc. Civ. Appl. 1121 of 2013 [2016] eKLR
- Peter Njuguna Njoroge v Julius Naranklak Ololgolimot, High Court at Nakuru, Civ. Appl. 40 of 2006 [2010] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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