[2015] KEHC 1316 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as there was a valid certificate of costs, no reference had been filed to challenge the taxation, and there was no dispute on retainer. The absence of opposition from the respondent further supported the grant of the orders sought....
Source-derived case information.
- Citation
- [2015] KEHC 1316 (KLR)
- Parties
- Applicant: Achola Jaoko & Co. Advocate; Respondent: Africa Merchant Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 748 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment After Taxation of Advocate Client Bill of Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest; no order as to costs of the application
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Achola Jaoko & Co. Advocate
Applicant
Africa Merchant Assurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment After Taxation of Advocate Client Bill of Costs
Legal Issues
- 1 Whether the advocate is entitled to judgment for the taxed costs as per the certificate of costs.
- 2 Whether there is any opposition, reference, or dispute on retainer to bar entry of judgment.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as there was a valid certificate of costs, no reference had been filed to challenge the taxation, and there was no dispute on retainer. The absence of opposition from the respondent further supported the grant of the orders sought. Accordingly, judgment was entered for the applicant for the taxed sum with interest as specified.
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest; no order as to costs of the application
Orders
- Judgment entered for the advocate/applicant for KES 212,468.70 with interest at 14% from 9th July 2015 until payment in full.
- A decree to issue accordingly.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION NO.748 OF 2014
ACHOLA JAOKO & CO. ADVOCATE……………………..…………...APPLICANT
VERSUS
AFRICA MERCHANT ASSURANCE COMPANY LIMITED…………RESPONDENT
RULING
By a Notice of Motion dated 28th July 2015, the applicant/advocate seeks for judgment in sum of kshs 212,468. 70 with costs following the taxation of advocate/client bill of costs vide certificate of costs dated 16th July 2015. The application is brought under the provisions of Section 51(2) of the Advocates Act.
The said application is not opposed albeit there is evidence of service upon the respondent/client. There is also no evidence of any reference challenging the taxation done by the taxing officer and neither is there a dispute on retainer. That being the case, I hereby allow the application dated 28th July 2015 in the following terms:-
That judgment be and is hereby entered for the advocate/applicant for kshs 212,468. 70 with interest at 14% from 9th July 2015 when the bill of costs was taxed until payment in full. A decree to issue to that effect.
I make no orders as to costs of the application.
Orders accordingly.
R.E. ABURILI
JUDGE
12/10/2015