[2016] KEHC 5772 (KLR)
The court found that the applicant had rendered legal services to the respondent, filed a bill of costs which was taxed, and obtained a certificate of taxation. The respondent did not challenge or set aside the certificate and failed to appear at the hearing despite being served. The court held that under section...
Source-derived case information.
- Citation
- [2016] KEHC 5772 (KLR)
- Parties
- Appellant: Achola Jaoko & Co Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 34 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- Judgment entered for the applicant for the taxed costs and costs of the application.
- Legal Topics
- Taxation of Costs, Entry of Judgment, Advocate Client Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Achola Jaoko & Co Advocates
Appellant
African Merchant Assurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
- 2 Whether the respondent was properly served and given an opportunity to be heard.
Ratio Decidendi
The court found that the applicant had rendered legal services to the respondent, filed a bill of costs which was taxed, and obtained a certificate of taxation. The respondent did not challenge or set aside the certificate and failed to appear at the hearing despite being served. The court held that under section 51(2) of the Advocates Act, the certificate of taxation is conclusive as to the amount due unless set aside or altered. Therefore, the applicant was entitled to judgment for the taxed amount and the costs of the application.
Court Disposition
Judgment entered for the applicant for the taxed costs and costs of the application.
Orders
- Judgment is entered for the applicant in the sum of Kshs 189,805/-.
- The applicant is awarded the costs of this application.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CIVIL MISC APPLICATION NO. 34 OF 2015
ACHOLA JAOKO & CO ADVOCATES................................................APPELLANT
VERSUS
AFRICAN MERCHANT ASSURANCE CO. LTD.............................RESPONDENT
RULING
This is an application brought under sections 51 (2) of the Advocates' Act and under Order 51 Rule 1 of the Civil Procedure Rules and sections 1A, 1B, 3, 3A of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) and the enabling provisions of the law. In his application the applicant has sought entry of a judgement in the sum of Kshs 189,805/-, which are his legal fees for services rendered to the respondent. A certificate of taxation dated 9th July 2015 and signed by the Deputy Registrar was to annexed to the supporting affidavit.
According to counsel for the applicant, the above amount which is based on the certificate of taxation has not been set aside nor is it disputed.
In his supporting affidavit, the applicant has stated that he was instructed by the respondent to defend it in a suit filed in Kerugoya SRMCC 88 of 2009 which he did. After delivery of judgement, the respondent was dissatisfied with the outcome following which he filed an appeal in the High Court at Nyeri, being Nyeri HCCA No 1 of 2010. The same appeal was transferred to this court and was assigned Embu HCCA 34 of 2015. The applicant further states that he prosecuted this matter with due diligence, expertise, labour, and skill in the preparations regarding the pleadings, correspondence and attending court matters. Thereafter he filed a bill of costs which was taxed and a certificate of costs issued.
When the matter came for hearing, there was no appearance for the respondent. However, there was evidence that the respondent was served with a hearing notice and had adequate notice of that hearing. The hearing therefore proceeded in his absence.
I have considered all these matters and I am satisfied that the applicant is entitled to the judgement in the sum of Kshs 189,805/- which I hereby enter for the applicant. He is also entitled to the costs of this application.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 18th day of FEBRUARY 2016
In the presence of Mr Kathungu holding brief for Mr Jaoko for the appellant and in the absence of the Respondent
Court clerk Njue
J.M. BWONWONGA
JUDGE
18. 02. 16