[2016] KEHC 100 (KLR)
The court found that in all three consolidated matters, the applicant had properly served the respondent with the taxation notices and subsequent applications. The respondent failed to enter appearance, file any defence, or object to the bills of costs or the applications for judgment. The Deputy Registrar had taxed...
Source-derived case information.
- Citation
- [2016] KEHC 100 (KLR)
- Parties
- Applicant: Patrick Kimathi Muchena t/a Arimi Kimathi & Company Advocates; Respondent: Satico Petroleum Products Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 440, 434, & 435 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Consolidated Applications for Entry of Judgment After Taxation of Advocate Client Bills of Costs
- Outcome
- judgment entered for applicant for the total sum certified in the taxed bills of costs, with interest and costs
- Judges
- BA Mitullah
- Legal Topics
- Taxation of Costs, Advocate Client Bills, Judgment Entry, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kimathi Muchena t/a Arimi Kimathi & Company Advocates
Applicant
Satico Petroleum Products Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Consolidated Applications for Entry of Judgment After Taxation of Advocate Client Bills of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment based on the certificates of taxation issued by the Deputy Registrar.
- 2 Whether proper service of the taxation notices and subsequent applications was effected on the respondent.
- 3 Whether the respondent's failure to appear or file a defence precludes it from challenging the taxed amounts.
Ratio Decidendi
The court found that in all three consolidated matters, the applicant had properly served the respondent with the taxation notices and subsequent applications. The respondent failed to enter appearance, file any defence, or object to the bills of costs or the applications for judgment. The Deputy Registrar had taxed the bills and issued certificates of taxation for each file. In the absence of any challenge or defence from the respondent, and there being no evidence of irregularity in service or taxation, the court held that the applicant was entitled to judgment for the amounts certified. The court therefore entered judgment for the applicant in the total sum of Kshs.796,862, with...
Court Disposition
judgment entered for applicant for the total sum certified in the taxed bills of costs, with interest and costs
Orders
- Judgment is entered for the applicant in the sum of Kshs.796,862.
- The respondent shall pay the applicant the sum of Kshs.796,862 within 28 days of the date of the ruling.
Full Case Text
Judgment text and source record
46 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & ADMIRALTY DIVISION - MILIMANI
MISCELLANEOUS APPLICATION NOs. 440, 434, & 435 OF 2015
ARIMI KIMATHI CO. ADV...................................................... PLAINTIFF
VERSUS
SATICO PETROLEUM PRODUCTS LTD .........................DEFENDANT
RULING
1. The matters before the Court relate to the taxation of a Bill of Costs. There were initially 3 separate files Miscellaneous Application 434 of 2015, Miscellaneous Application 435 of 2015 and Miscellaneous Application No. 440 of 2015. All three files were consolidated by an Order of this Court on 10th December 2015 for the purposes of enforcement.
2. In each matter the Applicant is Patrick Kimathi Muchena trading as Arimi Kimathi & Company Advocates, an Advocate and the Respondent is Sitico Petroleum Products Ltd, the Client. Each is an Application to enter Judgment based on the Certificate of Taxation issued by the Deputy Registrar of this Division.
3. In the first matter Miscellaneous Application No. 434 of 2015, the Bill of Costs is dated 15th October 2015 and was filed the next day. It states clearly on its face that it relates to the formation and incorporation of three Companies. The Taxation was due to take place at 9. 00 am on 24th November 2015. A copy of the Taxation Notice was served on Mr. Joseph Stambolieh, the Managing Director of the Respondent Company at its offices on 5th Floor Laibon Centre, Lenana Road, Nairobi on 7th October 2015. Mr. Stambolieh signed a copy of the notice to signify receipt. The return of service was filed on 24th November 2015.
4. The Respondent did not enter an Appearance and the Taxation seems to have proceeded unopposed and ex-parte. The Bill sought payment of Kshs.314,552. 00. That was taxed down and the certificate allows the sum of Kenya Shillings Two Hundred and ten thousand one hundred and fifty two only (Kshs.210,152/-)
5. The Application was brought under a Certificate of Urgency on the Grounds that the Applicant believes “the Respondent Company is about to undergo liquidation.” No evidence is filed on the facts and matters giving rise to that belief. It came before the court on 9th January 2015.
6. The Order made on the Certificate Ordered:
1. The Plaintiff do serve the Respondent forthwith,
2. List for Mention on 5th February 2015”.
7. The Return of Service was filed on 4th February 2015. It states that the Court Order was served at the same address as the Notice of Motion and Mention Notice. Again the Defendant has not entered an appearance. There is no Defence filed nor was there any attendance of 5th February to say that the Defendant wished to file a defence.
8. In the circumstances, I enter judgment for the Plaintiff in the sum of Kshs.210,152,00 on file Miscellaneous Application No. 434 of 2015.
Miscellaneous Application 435 of 2015
9. In the Second matter the Bill of Costs was dated 1st October 2015 and lodged on 2/10/2015. It sought of the sum of Kshs.568,429. 60. (Five Hundred and sixty eight thousand, four hundred and twenty-nine shillings and sixty cents only). The Notice of Taxation shows that the taxation was fixed for Hearing on 24th November 2015. The Record shows that the Deputy Registrar was satisfied that the Notice was duly served on 7th October 2015.
10. The Record shows that the Bill was taxed down and the Certificate of Taxation was in the sum of Kshs.353,830/- (Three hundred and fifty three thousand eight hundred and thirty shillings only). It related to drafting an Agreement between the Defendant and Habib Oil.
11. Again there was no Appearance entered and no objection to the Bill. The Application for Judgment to be entered was again filed on 9th December 2015 and came before the Court on 10th December 2015. The matter was consolidated with Miscellaneous Application 440 of 2015 and like directions were given.
12. On 16th December 2015 the Notice of Motion with Notice of Mention were served on Joseph Stamboulieh. The Return of Service was filed on 4th February 2016. As stated above the Order was served on 19th January 2016.
13. Again no Appearance was entered and no Defence filed.
14. In the circumstances I enter Judgment for the sum of Kshs.353,830/- (Three hundred and fifty three thousand eight hundred and thirty shillings only) on that certificate.
15. The Third file relates to a Bill of costs dated 1st October 2015 and lodged on 2nd October 2015. It relates to the provision of a legal opinion on a Joint Venture Agreement. The Bill was in the sum of Kshs.373,248. 00. That Bill was taxed on 30th November 2015. The requirement for service having been complied with, the Deputy Registrar taxed the Bill and allowed the sum of Kshs.232,880/- (Two Hundred and thirty thousand eighty two thousand eight hundred and eighty shillings only). The Certificate is dated 8th December 2015. Again there was no challenge.
16. The Application for judgment was also made lender certificate on 9th December 2015 and came before this Court on 10th December, notwithstanding the Order of 10th December the Defendant has not entered an appearance or filed a defence. In the circumstances I enter Judgment for the sum of Kshs.232,880/- file Misc Application 440 of 2015.
17. The Defendant is therefore ordered to pay the Plaintiff the Total sum of Kshs.796,862/-.
18. Comprised of the following:
1. Kshs.210,152/-
2. Kshs.353. 830/-
3. Kshs.232,880/-
Total Kshs.796,862/-
19. The sum of Kshs.796,862/- within 28 days of today.
20. The Defendant to pay the Plaintiff interest at the rate of 14% p.a from today’s date until the date of payment on any sums outstanding.
Orders accordingly.
FARAH S. AMIN
JUDGE
Dated 16th day of February 2016.
Signed and Delivered on 17th day ofFebruary 2016.
Coram
Hon. Lady Justice F. Amin
CC Phoebe Suda
In the presence of:
Miss Munene Holding Brief for Mr. Kimathi for Applicant
No Appearance for the Respondent