[2006] KEHC 1056 (KLR)
The court held that since the certificate of taxation had not been set aside or altered and the respondent had not disputed the retainer, there was no reason to deny the applicant judgment for the taxed costs. Section 51(2) of the Advocates Act was applied, which provides that the amount in the certificate of...
Source-derived case information.
- Citation
- [2006] KEHC 1056 (KLR)
- Parties
- Applicant: C.M. W P/A Wekesa & Co. Advocates; Respondent: John K. Hinga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 774 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment After Taxation of Costs
- Outcome
- judgment entered for applicant for taxed costs and costs of the application
- Judges
- MM Kasango
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Entry of Judgment, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C.M. W P/A Wekesa & Co. Advocates
Applicant
John K. Hinga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment After Taxation of Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant for the taxed costs amount where the retainer is not disputed and the certificate of taxation has not been set aside.
Ratio Decidendi
The court held that since the certificate of taxation had not been set aside or altered and the respondent had not disputed the retainer, there was no reason to deny the applicant judgment for the taxed costs. Section 51(2) of the Advocates Act was applied, which provides that the amount in the certificate of taxation is final as to costs unless set aside or altered, and judgment may be entered accordingly. The respondent's failure to respond or attend the hearing further justified granting the orders sought by the applicant.
Court Disposition
judgment entered for applicant for taxed costs and costs of the application
Orders
- Judgment is entered in favour of the applicant for Kshs 154,807/-.
- The applicant is awarded costs of the Notice of Motion dated 19th September 2006.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL COURTS Misc Civ Appli 774 of 2006
C.M. W P/A WEKESA & CO. ADVOCATES………….................................……….…….APPLICANT
VERSUS
JOHN K. HINGA ………….............................…………………………..……………….RESPONDENT
RULING
The relationship between the Applicant and the Respondent is one of Advocate/Client. The Applicant being the advocate had its costs taxed as against the Respondent for the amount of Kshs 154, 807/-. After the said taxation the Applicant demanded this amount from the Respondent by their letter dated 6th September 2006. The Applicant deponed in the affidavit in support that the Respondent failed to make payment of the demanded amount. The applicant has now moved by way of Notice of Motion dated 19th September 2006 seeking that judgment be entered under the provisions of Section 51 of the Advocates Act. Section 51 [2] of the Advocates Act provides that unless the certificate of taxation is set aside or altered by the court, the amount thereof is final as the amount of costs and the court may enter judgment for that taxed amount set out in the certificate of costs where the retainer is not disputed. The Respondent hereof had not denied retainer, indeed he was served with the afore stated Notice of Motion but failed to attend the hearing.
The court finds no reason why the taxed amount should not be entered in judgment in favour of the Applicant. The order of this court is: -
(1)That judgment be and is hereby entered in favour of the Applicant for Kshs 154, 807/-.
(2) The Applicant is awarded costs of the notice of Motion dated 19th September 2006.
MARY KASANGO
JUDGE
Dated and delivered this 17th October 2006
MARY KASANGO
JUDGE