[2015] KEHC 8362 (KLR)
The court found that the applicant's bill of costs had been taxed and a Certificate of Taxation issued for Ksh. 7,567,843.24. There was no evidence that the certificate had been set aside or altered, nor was there any dispute as to the retainer. In accordance with Section 51(2) of the Advocates Act, the certificate...
Source-derived case information.
- Citation
- [2015] KEHC 8362 (KLR)
- Parties
- Applicant: C.M. Ongoto & Co. Advocates; Respondent: Homesbase Properties Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 131 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs, interest, and costs of the application
- Judges
- OA Sewe
- Legal Topics
- Taxation of Costs, Advocate Remuneration, Certificate of Taxation, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
C.M. Ongoto & Co. Advocates
Applicant
Homesbase Properties Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the certified taxed costs as per the Certificate of Taxation.
- 2 Whether there is any legal basis to withhold judgment where the Certificate of Taxation has not been set aside or altered.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a Certificate of Taxation issued for Ksh. 7,567,843.24. There was no evidence that the certificate had been set aside or altered, nor was there any dispute as to the retainer. In accordance with Section 51(2) of the Advocates Act, the certificate is final as to the amount of costs. The respondent, having been served and failing to pay or contest the application, left the court with no reason to withhold judgment. The court therefore allowed the application and entered judgment for the applicant in the sum certified, together with interest and costs.
Court Disposition
application allowed; judgment entered for applicant for taxed costs, interest, and costs of the application
Orders
- Judgment is entered in favour of the applicant in the sum of Ksh. 7,567,843.24.
- The applicant is awarded interest at court rates from the date of taxation.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL AND ADMIRALTY DIVISION
MISC NO. 131 OF 2014
C.M. ONGOTO & CO. ADVOCATES…………APPLICANT
VERSUS
HOMESBASE PROPERTIES LIMITED…………RESPONDENT
RULING
The Notice of Motion dated 30th September, 2015 seeks orders that judgment be entered in favour of the Applicant, C.M. Ongoto & Company Advocates in the sum of Ksh. 7,567,843. 24/= being certified costs due to the Applicant along with interest at Court rates from the date of taxation.
The application has been brought pursuant to Section 51 (2) of the Advocates Act, Chapter 16 of the Laws of Kenya, Section 3A of the Civil Procedure Act, Chapter 21 of the Laws of Kenya and Order 51 of the Civil Procedure Rules 2010. The grounds relied upon by the Applicant are that:
The Applicants bill costs was taxed on the 17th July, 2015 and a Certificate of Taxation accordingly issued.
Todate the Respondent has not paid the aforesaid sum of any part thereof.
Despite request for payment made to the Respondent, they have refused/failed or neglected to pay the taxed costs.
The Applicant also relied on the Affidavit of Charles Mongare Ongoto attached thereto, to which was annexed the Certificate of Taxation dated 25th September, 2015 for the sum claimed.
The Court having satisfied itself that hearing notice in respect of application was duly served on Counsel for the Respondent, allowed Mr. Ongoto to urge the application exparte.
I have considered the Notice of Motion as well as the averments in the Supporting Affidavit in the light of the relevant provisions of the Law Section 51(2) of the Advocates Act provides that:
“The certificate of the Taxing Officer by whom any bill has been taxed shall unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
In the premises, a Certificate of Taxation having been issued herein in the sum of Ksh 7,567,843. 24/= by the Taxing Officer, and there being no indication that the said Certificate has been set aside or altered, I would allow the application dated 30th September, 2015 and grant the prayers sought in Paragraph 1, 2 and 3 thereof. Accordingly judgment is hereby entered in favour of the Applicant in the sum of Ksh 7,567,843. 24/= together with interest and costs of the application.
It is hereby ordered.
SIGNED, DATED and DELIVERED at NAIROBI this 18TH DAY OF NOVEMBER, 2015
OLGA A. SEWE
JUDGE