[2007] KEHC 799 (KLR)
The court found that the applicant had established that costs were taxed and a certificate of taxation was issued, which had not been set aside or varied. There was no dispute as to retainer, as demonstrated by the documentary evidence provided. Since the application was unopposed and all statutory requirements were...
Source-derived case information.
- Citation
- [2007] KEHC 799 (KLR)
- Parties
- Applicant: D. Njogu & Co. Advocates; Respondent: City Council of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 360 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for the applicant
- Legal Topics
- Taxation of Costs, Advocate Client Relationship, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D. Njogu & Co. Advocates
Applicant
City Council of Nairobi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for taxed costs as per the certificate of taxation.
- 2 Whether there is any dispute as to retainer between the advocate and the client.
- 3 Whether the certificate of taxation has been set aside or varied.
Ratio Decidendi
The court found that the applicant had established that costs were taxed and a certificate of taxation was issued, which had not been set aside or varied. There was no dispute as to retainer, as demonstrated by the documentary evidence provided. Since the application was unopposed and all statutory requirements were met, the court held that the applicant was entitled to judgment for the taxed costs and interest as prayed. Judgment was therefore entered for the applicant against the respondent for the taxed costs and interest from the specified date until payment in full.
Court Disposition
judgment for the applicant
Orders
- Judgment is entered for the applicant for taxed costs of Kshs.80,565 with interest at 14% per annum from 2nd January, 2007 until payment in full.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT NAIROBI(MILIMANI COMMERCIAL COURTS)
MISC CIV APPLI 360 OF 2007
D. NJOGU & CO. ADVOCATES…………….........………….APPLICANT
VERSUS
CITY COUNCIL OF NAIROBI….….………….…………..RESPONDENT
RULING
The application dated 30th July, 2007 brought under Section 51(2) of Advocate Act and Order L rule 1 of Civil Procedure Rules and Rule 7 thereunder seeks judgment for taxed costs at Kshs.80,565/= and interest at 14% per annum from 2nd January, 2007 until payment in full.
The application was unopposed. The Advocate has annexed a certificate of taxation which is proof that the Advocates costs were taxed and a certificate issued.
The Advocate depones that the certificate of taxation has neither been varied nor set aside.
The Advocate further depones that there is no dispute as to retainer. The Advocate annexed a letter from the Client instructing him to act on several cases, including the one which is the subject matter of the taxation. The Notice of Change of Advocate is annexed as proof that the Advocate did file the Notice in Court and that he acted for the client. The retainer is therefore not in dispute.
Having come to this conclusion, I enter Judgment is entered for the Advocate against the Client as prayed in prayers 1, 2 and 3 of the Application dated 30th July, 2007.
Dated at Nairobi this 9th November, 2007.
LESIIT, J.
JUDGE
Read, signed and delivered in the presence of:
Mr. Imende for Mr. Njenga for Applicant
LESIIT, J.
JUDGE