[2011] KEHC 2012 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued, which had not been set aside or altered. There was no dispute as to the retainer or the amount due. The respondent, having been duly served, failed to oppose the application or attend court. In the absence of any...
Source-derived case information.
- Citation
- [2011] KEHC 2012 (KLR)
- Parties
- Applicant: Achola Jaoko & Co Advocates; Respondent: Wycliffe Munayi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 770 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Judgment entered for the applicant as prayed; respondent to pay taxed costs, further court fees, and costs of the application.
- Judges
- CM Njagi
- Legal Topics
- Taxation of Costs, Advocate Client Fees, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Achola Jaoko & Co Advocates
Applicant
Wycliffe Munayi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs against the respondent.
- 2 Whether the respondent is liable for further court fees and costs of the application.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued, which had not been set aside or altered. There was no dispute as to the retainer or the amount due. The respondent, having been duly served, failed to oppose the application or attend court. In the absence of any opposition or challenge to the certificate of taxation, the applicant was entitled to judgment for the taxed costs, further court fees, and the costs of the application.
Court Disposition
Judgment entered for the applicant as prayed; respondent to pay taxed costs, further court fees, and costs of the application.
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs 47,341.90 and court fees amounting to Kshs 1,235.00.
- The respondent will also bear the costs of this application.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBIMILIMANI COMMERCIAL COURTS (COMMERCIAL AND TAX DIVISION)
MISC APPLICATION NO. 770 OF 2010
ACHOLA JAOKO & CO ADVOCATES........................................................APPLICANT
VERSUS
WYCLIFFE MUNAYI...................................................................................RESPONDENT
RULING
By this application, the applicants pray for an order that judgment be entered against the respondent in the sum of Kshs 47,341. 90 being the amount of costs taxed in this matter. They also pray for payment of further court fees and costs of the application.
The application is brought by a Notice of Motion dated 22nd February, 2011, and is supported by the annexed affidavit of Caleb Odhiambo Jaoko, Advocate, and is based on the grounds that the respondent instructed the applicant to file and undertake to conduct of CMCCC NO. 3456 OF 2009 between Peter Wanjalo Mujosi v Wycliffee Munayi. The respondent showed a lack of interest in settling the Advocate’s fee and this led to the filing of the Advocate - Client bill of costs.On 7th February, 2011, the said Bill was taxed at Kshs 47,341. 90, and a copy thereof is attached to the application. In spite of the same having been served on the respondent, he has failed and/or neglected to effect the requisite payment.
Although the respondent was duly served on 3rd March, 2011, he did not file a replying affidavit or any grounds of opposition. Furthermore, in spite of having been served in sufficient time to attend court, he did not do so. In effect, this application is therefore unopposed.
It is not disputed that the applicants’ Bill of Costs was taxed on 7th February, 2011, in the sum of Kshs 47, 341. 90, and a certificate of taxation duly issued to that effect. The said certificate has neither been altered nor set aside. There is also no dispute as to the retainer, and the respondent is therefore justly indebted to the applicant.
In the circumstances, I find that the applicant is entitled to judgment as prayed, and I accordingly enter judgment as follows –
(1)Judgment be and hereby entered for the applicants against the respondent in the sum of Kshs 47,341. 90 and court fees amounting to Kshs 1,235. 00 in addition thereto.
(2)The respondent will also bear the costs of this application
Orders accordingly.
DATED and DELIVEREDatNAIROBI this 12th day of April, 2011
L NJAGI
JUDGE