[2007] KEHC 2249 (KLR)
The court found that the applicant's costs had been taxed and a certificate of taxation issued by the Deputy Registrar. The respondent had not filed any reference or appeal against the taxation, nor disputed the retainer. The application was unopposed, and the requirements of Section 51(2) of the Advocates Act were...
Source-derived case information.
- Citation
- [2007] KEHC 2249 (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
- ? 114 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs as per certificate of taxation
- Judges
- JL Osiemo
- Legal Topics
- Taxation of Costs, Advocate Client Costs, 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 court should enter judgment for the applicant for taxed costs where the respondent has not challenged the taxation or disputed the retainer.
- 2 Whether the applicant is entitled to judgment in terms of the certificate of taxation issued by the Deputy Registrar.
Ratio Decidendi
The court found that the applicant's costs had been taxed and a certificate of taxation issued by the Deputy Registrar. The respondent had not filed any reference or appeal against the taxation, nor disputed the retainer. The application was unopposed, and the requirements of Section 51(2) of the Advocates Act were satisfied. Accordingly, the court allowed the application and entered judgment for the applicant in terms of the taxed costs as per the certificate of taxation.
Court Disposition
application allowed; judgment entered for applicant for taxed costs as per certificate of taxation
Orders
- Judgment is entered for the applicant for the sum of KES 147,195 as taxed by the Deputy Registrar on 13th May 2006.
- The costs of this application are awarded to the applicant.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Misc Appli 114 of 2005
B. MBAI & ASSOCIATES ADVOCATES………………………..…..APPLICANT
VERSUS
MBO I KAMITI FARMERS CO. LTD………………………..…..…RESPONDENT
RULING
The Applicant by way of this Notice of Motion dated 8th August 2006 and expressed to be brought under Section 51 (2) of the Advocates Act, Rule 7 of the Advocates (Remuneration) Order and Order L Rule 1 of the Civil Procedure Rules seeks orders that the costs as taxed by the Deputy Registrar on 13th May 2006 as between Client/Advocate be made judgment of this court and that 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 8th August 2006 in which he avers that the Advocate/Client Bill of Costs was taxed on 13th May 2006 at Shs.147,195/= 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 the 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 8th August 2006.
Dated and delivered at Nairobi this 30th day of April, 2007.
J.L.A. OSIEMO
JUDGE