[2023] KEHC 18178 (KLR)
The court found that the applicant advocate had established that costs were taxed and a certificate of taxation issued, with no dispute as to retainer or objection to the taxed costs. The application was uncontested, and the respondent failed to file any response or submissions despite service. Applying Section...
Source-derived case information.
- Citation
- [2023] KEHC 18178 (KLR)
- Parties
- Applicant: B.Mbai & Co. Associates; Respondent: Invesco Assurance Company Ltd
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Civil Application E012 of 2021
- Procedural Posture
- Civil Application / Ruling on Uncontested Notice of Motion for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant advocate for taxed costs, interest, and costs of application
- Judges
- GMA Dulu
- Legal Topics
- Advocates Remuneration, Taxation of Costs, Certificate of Taxation, Uncontested Liquidated Claim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B.Mbai & Co. Associates
Applicant
Invesco Assurance Company Ltd
Respondent
Procedural Posture
Civil Application / Ruling on Uncontested Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant advocate against the respondent for the taxed costs as per the certificate of taxation.
- 2 Whether the applicant is entitled to interest on the taxed costs at 14% per annum from December 20, 2021 until payment in full.
- 3 Whether the costs of the application should be borne by the respondent.
Ratio Decidendi
The court found that the applicant advocate had established that costs were taxed and a certificate of taxation issued, with no dispute as to retainer or objection to the taxed costs. The application was uncontested, and the respondent failed to file any response or submissions despite service. Applying Section 51(2) of the Advocates Act and Rule 7 of the Advocates (Remuneration) Order, the court held that the applicant was entitled to judgment for the taxed sum, interest at 14% per annum from the date of taxation, and costs of the application. The court thus allowed the application in its entirety, entering judgment for the applicant as prayed.
Court Disposition
application allowed; judgment entered for applicant advocate for taxed costs, interest, and costs of application
Orders
- Judgment is entered for the applicant advocate against the respondent for Kshs. 85,833 being the taxed costs.
- The taxed costs attract interest at 14% per annum from December 20, 2021 until payment in full.
Full Case Text
Judgment text and source record
24 paragraphs
B.Mbai & Co. Associates v Invesco Assurance Company Ltd (Civil Application E012 of 2021) [2023] KEHC 18178 (KLR) (6 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18178 (KLR)
Republic of Kenya
In the High Court at Makueni
Civil Application E012 of 2021
GMA Dulu, J
June 6, 2023
Between
B.Mbai & Co. Associates
Applicant
and
Invesco Assurance Company Ltd
Respondent
Ruling
1. Before me is a Notice of Motion dated March 21, 2022 filed by the applicant (advocate) under Section 51 (2) of the Advocates Act (Cap16), Rule 7 of the Advocates (Remuneration) Order and Order 51 Rule 1 of the Civil Procedure Rules.
2. The application which relates to advocates fees seeks the following orders:-1. That judgment be and is hereby entered for the applicant advocate as against the respondent for the sum of Kshs. 85,833/= being the taxed costs in this matter.2. That the costs do attract interest at the rate of 14% per annum from December 20, 2021 until payment in full.3. That the costs of this application be borne by the respondent.
3. The application has grounds on the face of the Notice of Motion that the costs had already been taxed and a certificate of taxation issued by the court; that there is no dispute as to instructions; and that no dispute or objection to the taxed costs has been raised.
4. The application was filed with a supporting affidavit sworn by Karim Timothy Waweru Advocate on March 21, 2022 in which it was deponed, inter alia, that the applicant had been retained by the respondent to represent the insured in Tawa SRMCC No 174 of 2010 – Julius Munyao Philip v Jessikay Enterprises & Another and that the costs were taxed on December 20, 2021. Annexed to the affidavit are several documents, including the Certificate of Taxation signed by the taxing officer on February 10, 2022.
5. Though the application was served and an affidavit of service filed on May 10, 2022 by Moses Balusi a court process server, no response has been filed.
6. The applicant filed written submissions to the application, but the respondent did not file any submissions.
7. This application not being opposed or contested, and pursuant to the provisions of the Advocates Act (Cap 16) and the Civil Procedure Act (Cap 21), as this is an uncontested claim for a liquidated sum, I have to allow the application and grant the orders sought.
8. Consequently, I allow the application herein and order as follows:-1. Judgment be and is hereby entered for the applicant advocate as against the respondent for the sum of Kshs. 85,833/= being the taxed costs in this matter.2. The taxed costs herein do attract interest at the rate of 14% per annum from December 20, 2021 until payment in full.3. The costs of this application will be borne by the respondent.
9. It is so ordered.
Dated, signed and delivered this 6th day of June, 2023 virtually from Voi.GEORGE DULUJUDGEIn the presence of:-Mr. Kamau for the applicantMs. Mary court assistantNo appearance for respondent