[2007] KEHC 800 (KLR)
The court found that the applicant had established the existence of a retainer and that the certificate of taxation issued on 23rd May 2007 for Kshs. 99,185 had not been challenged, set aside, or varied. The respondent, despite being served, did not contest the application or the certificate. Accordingly, the court...
Source-derived case information.
- Citation
- [2007] KEHC 800 (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
- ? 188 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Advocate Client Costs, Taxation of Costs, 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
Legal Issues
- 1 Whether the applicant is entitled to judgment on taxed costs against the respondent.
- 2 Whether interest on the taxed costs should be awarded and at what rate.
- 3 Whether the certificate of taxation is valid and unchallenged.
Ratio Decidendi
The court found that the applicant had established the existence of a retainer and that the certificate of taxation issued on 23rd May 2007 for Kshs. 99,185 had not been challenged, set aside, or varied. The respondent, despite being served, did not contest the application or the certificate. Accordingly, the court allowed the application for judgment on taxed costs as prayed. The court further exercised its discretion to award interest at 9% per annum from the date of taxation until payment in full, and also awarded the costs of the application to the advocate.
Court Disposition
application allowed
Orders
- Judgment entered for the applicant against the respondent for Kshs. 99,185 as taxed costs.
- Interest awarded at 9% per annum from the date of taxation until payment in full.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Misc Appli 188 of 2007
D. NJOGU & CO. ADVOCATES………………………APPLICANT
VERSUS
CITY COUNCIL OF NAIROBI…………………….RESPONDENT
RULING
The Applicant is an Advocate who has filed this Notice of Motion application dated 14th June, 2007 seeking judgment on taxed costs at kshs.99,185 and interest on said sum against his client. The application is expressed to be brought under Order L rule 1 of Civil Procedure Rules, Section 51(2) of Advocates Act and Rule 7 of Advocate(renumeration) Order. There are four grounds in support of the application and affidavit sworn by the Advocate in support of the Application. The Advocate has deponed that the Advocate-client costs were taxed on 23rd May, 2007 and a certificate to that effect issued. The certificate is annexture ‘DN5’ in his affiavit. The Applicant has annexed an instruction letter from the client as ‘DNI’ which shows that the Advocate was dully instructed by the client to act for it in CMCC NO. 9758 OF 2004. The Advocate
has annexed a notice of appointment of Advocate “DN2’ which establishes that he acted on the instructions given and filed notice in court to indicate his appointment. Those instructions were withdrawn two years later as per annexed letter to the Advocate from the client marked ‘DN3’. The Advocate has annexed a fee not sent to the client but which was not paid as ‘DN4’.
I noted that the client was served with a hearing notice for this application in good time but filed no papers. This application is unchallenged. The application has been able to establish that there was a retainer which has remained unchallenged. Being satisfied that the certificate of taxation has not been varied, set aside or challenged in any way, the application is allowed in terms of prayer 1.
As to interest, this is discretion and I will allow it at 9% from date of taxation until payment in full. The advocate also gets costs of application.
Dated at Nairobi this 19th day of October 2007.
LESIIT, J.
JUDGE
Read, signed and delivered in presence of:-
LESIIT, J.
JUDGE