[2007] KEHC 2092 (KLR)
The court held that since the advocate/client bill had been taxed, a certificate of taxation issued, and there was no dispute as to retainer or any reference or appeal filed by the respondent, the applicant was entitled to judgment for the taxed costs. The application was unopposed, and the court allowed it in terms...
Source-derived case information.
- Citation
- [2007] KEHC 2092 (KLR)
- Parties
- Applicant: B. Mbai & Associates Advocates; Respondent: Mbo I Kamiti Farmers Co. Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 125 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the taxed costs as per the certificate of taxation.
- Judges
- JL Osiemo
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B. Mbai & Associates Advocates
Applicant
Mbo I Kamiti Farmers Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the taxed costs as between advocate and client should be entered as judgment of the court.
- 2 Whether there is any dispute as to retainer or pending reference against taxation.
Ratio Decidendi
The court held that since the advocate/client bill had been taxed, a certificate of taxation issued, and there was no dispute as to retainer or any reference or appeal filed by the respondent, the applicant was entitled to judgment for the taxed costs. The application was unopposed, and the court allowed it in terms of the prayers sought, making the taxed costs the judgment of the court.
Court Disposition
Application allowed. Judgment entered for the applicant for the taxed costs as per the certificate of taxation.
Orders
- The costs as taxed by the Deputy Registrar on 10th May 2006 as between client and advocate are made judgment of the court.
- The costs of this application are provided for in favour of the applicant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
Misc Appli 125 of 2005
B. MBAI & ASSOCIATES ADVOCATES……….……….…………...APPLICANT
VERSUS
MBO I KAMITI FARMERS CO. LTD……………....……..……..…RESPONDENT
RULING
Before me is an application by way of Notice of Motion dated 24th July 2006 and expressed to be brought under Section 51 (2) of the Advocates Act and Rule 7 of the Advocates (Remuneration) Order and Order l Rule 1 of the Civil Procedure Rules in which the applicant seeks orders that the costs as taxed by the Deputy Registrar on 10th May 2006 as between Client/Advocate be made judgment of this court and that the costs of this application be provided for.
The application is based on the fact that the said costs have already been taxed and Certificate of Costs issued and that the Respondent is yet to pay the said sum.
The application is also supported by an affidavit sworn by Timothy K. Waweru on 24th July 2006 in which he avers that the Advocate/Client bill was taxed on 10th May 2006 at Shs.164,918/= by the Deputy Registrar and who issued a Certificate of Taxation and that the Respondent herein has not filed a reference by way of an Appeal against the said taxation and that there is no dispute as to retainer.
The Respondent was served with this application but never filed any papers to oppose the application, nor did he appear in court to oppose the same.
The application being unopposed the same is allowed in terms of Prayers (a) (b) and (c) of the Notice of Motion dated 24th July 2006.
Dated and delivered at Nairobi this 30th day of April, 2007.
J.L.A. OSIEMO
JUDGE