[2018] KEHC 7558 (KLR)
The court found that the applicant had obtained a certificate of taxation for Ksh.109,480/=, which had not been set aside or altered. There was no dispute as to the retainer between the advocate and the client. The respondent did not oppose the application or appear at the hearing. In the absence of any challenge to...
Source-derived case information.
- Citation
- [2018] KEHC 7558 (KLR)
- Parties
- Applicant: Achola Jaoko & Co. Advocates; Respondent: Africa Merchant Assurance Company Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 79 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant as prayed
- Judges
- LM Njuguna
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment Entry on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Achola Jaoko & Co. Advocates
Applicant
Africa Merchant Assurance Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on an unchallenged certificate of taxation.
- 2 Whether there is any dispute as to the retainer between the advocate and client.
Ratio Decidendi
The court found that the applicant had obtained a certificate of taxation for Ksh.109,480/=, which had not been set aside or altered. There was no dispute as to the retainer between the advocate and the client. The respondent did not oppose the application or appear at the hearing. In the absence of any challenge to the certificate of taxation or the retainer, the court was satisfied that the applicant was entitled to judgment for the taxed costs as prayed, together with interest and costs of the application.
Court Disposition
application allowed; judgment entered for applicant as prayed
Orders
- Judgment is entered for the applicant for Ksh.109,480/= together with interest at 14% per annum from 18th October, 2017.
- The respondent shall bear the costs of the application.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISC. CIVIL APPLICATION NO. 79 OF 2017
ACHOLA JAOKO & CO. ADVOCATES.................................APPLICANT
VERSUS
AFRICA MERCHANT ASSURANCE COMPANY LTD.....RESPONDENT
RULING
The Applicant/Advocate has moved this court by way of a Notice of Motion dated 13th day of November, 2017, under section 51 (2) of the Advocate Act and order 51 Rule 1 of the Civil Procedure Rules, Section 1A, 1B, 3 and 3A of the Civil Procedure Act cap. 21 laws of Kenya.
The orders sought in the application are that;
(1) Judgment be entered for the applicant for Ksh.109,480/= together with interest at 14% per annum with effect from 18th October, 2017 being the date of taxation.
(2) The Respondent be condemned to bear the costs of the application.
The application is supported by the annexed affidavit of Caleb Odhiambo Jaoko sworn on the 13th day of December 2017 in which it is deponed that, he was instructed to defend the Client/Respondent in Nairobi CMCC No. 6550 of 2008 which he prosecuted with due diligence.
That by a letter dated the 4th July, 2013, he informed the Respondent of the outstanding fees in various pending matters but he failed to pay the same, which led the Applicant to file his Bill of Costs which was taxed at Ksh.109,480/-. (A Copy of the certificate of taxation is annexed to the affidavit and marked AJI
He further depones that the certificate of taxation has not been set aside and/or altered and that there is no dispute regarding the Retainer. He has urged the court to grant the application as prayed.
The Respondent did not oppose the application and when it came up for hearing, there was no representation on its part and therefore, the application proceeded exparte.
I have considered the application and the oral submissions made by the applicant.
There is a certificate of taxation that has not been challenged and the retainer is not disputed. In the circumstances, the court enters judgment for the applicant as prayed in the motion dated 13th December, 2017. Costs are also awarded to the Applicant.
Dated, Signed and Delivered at Nairobi this 19thDay of March, 2018.
........................
L. NJUGUNA
JUDGE
In the Presence of
…………………………. For the Applicant
…………………………. For the Respondent