[2024] KEHC 5499 (KLR)
The court found that the applicant was entitled to judgment for the sum certified in the certificate of taxation, as the certificate had not been set aside or altered and there was no dispute as to retainer. The application was unopposed, and the legal framework under Section 51(2) of the Advocates Act and relevant...
Source-derived case information.
- Citation
- [2024] KEHC 5499 (KLR)
- Parties
- Applicant: Andrew B. Khakula t/a J.S Khakula & Co. Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E22 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Application allowed; judgment entered for applicant for taxed costs with interest.
- Judges
- DKN Magare
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Judgment on Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew B. Khakula t/a J.S Khakula & Co. Advocates
Applicant
Trident Insurance Company Limited
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 on the basis of a certificate of taxation that has not been set aside or altered.
- 2 Whether interest should be awarded on the taxed sum and from what date.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the sum certified in the certificate of taxation, as the certificate had not been set aside or altered and there was no dispute as to retainer. The application was unopposed, and the legal framework under Section 51(2) of the Advocates Act and relevant case law (Musyoka & Wambua Advocates v Rustam Hira Advocate) empowered the court to enter judgment in such circumstances. The court further held that interest should accrue at court rates effective 30 days from the date of certification, in line with established practice and the Advocates Remuneration Order.
Court Disposition
Application allowed; judgment entered for applicant for taxed costs with interest.
Orders
- Judgment is entered for the applicant against the respondent for Ksh. 290,850 as per the certificate of costs dated 17th August 2023.
- Interest on the sum is awarded at court rates effective 17th September 2023.
Full Case Text
Judgment text and source record
22 paragraphs
Andrew B. Khakula t/a J.S Khakula & Co. Advocates v Trident Insurance Company Limited (Miscellaneous Application E22 of 2023) [2024] KEHC 5499 (KLR) (21 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5499 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application E22 of 2023
DKN Magare, J
May 21, 2024
Between
Andrew B. Khakula t/a J.S Khakula & Co. Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. This is a Ruling over a Miscellaneous Application dated 20/9/2023 seeking that Judgement be entered for the Applicant against the Respondent in the sum of Ksh. 290,850/= being the sum taxed and certified by the Deputy Registrar on 17th August 2023 as due to the Applicant with interest thereon.
2. The Application arose from the Advocate/Client Bill of Costs dated 19th January 2023 that was assessed costs at Ksh. 290,850/= by the taxing master of the court.
3. The Application was filed under Section 51 (1) of the Advocates Act and paragraph 7 of the Advocates Remuneration Order. The said Section 51(2) of the Advocates Act provides thus:Pursuant to the provisions of Section 2 of the Advocates Act -“Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.”
4. The Application is unopposed. I gave directions for hearing hereof in the morning for delivery of ruling in the
5. In the case of Musyoka&Wambua Advocates v RustamHira Advocate (2006) eKLR it was held: -“Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit…
6. I find and hold that the Application is merited and is accordingly allowed. Interest shall be applied effective 30 days of certification.
Determination 7. a.I therefore make the following orders: -b.Judgment be and is hereby entered for the Applicant against the Respondent 290,850/- as per the Certificate of Costs dated 17th August 2023. c.Interest thereon is awarded at court rates effective 17th September 2023.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 21ST DAY OF MAY, 2024. KIZITO MAGAREJUDGEIn the presence of:-Mr. Ogara for the ApplicantNo appearance for the RespondentCourt Assistant - BrianM.D. KIZITO, J.