[2020] KEHC 650 (KLR)
The court found that the applicant had properly taxed his advocate-client bill of costs and obtained a certificate of taxation for Kshs 11,291,465.70. The respondent did not dispute the retainer or oppose the application despite being duly served. There was no evidence before the court to warrant refusal of the...
Source-derived case information.
- Citation
- [2020] KEHC 650 (KLR)
- Parties
- Applicant: Eddy Nicholas O. Orinda t/a One and Associates Advocate; Respondent: Sun Apartments Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 257 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant as prayed
- Judges
- WA Okwany
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Judgment Entry, Execution of Decree
- 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
Eddy Nicholas O. Orinda t/a One and Associates Advocate
Applicant
Sun Apartments Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed advocate-client costs as certified.
- 2 Whether the respondent has raised any valid objection to the application for judgment on taxed costs.
Ratio Decidendi
The court found that the applicant had properly taxed his advocate-client bill of costs and obtained a certificate of taxation for Kshs 11,291,465.70. The respondent did not dispute the retainer or oppose the application despite being duly served. There was no evidence before the court to warrant refusal of the orders sought. Accordingly, the court allowed the application and entered judgment for the applicant as prayed, including interest and costs of the application and execution.
Court Disposition
application allowed; judgment entered for applicant as prayed
Orders
- Judgment and decree entered for the applicant against the respondent for Kshs 11,291,465.70 on account of taxed advocate-client legal costs.
- Interest and costs of the application and execution awarded to the applicant.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
COMMERCIAL AND TAX DIVISION
MISCELLANEOUS CIVIL APPLICATION NO. 257 OF 2019
EDDY NICHOLAS O. ORINDA T/AONE AND ASSOCIATES ADVOCATE.APPLICANT
-VERSUS-
SUN APARTMENTS LIMITED ..........................................................................RESPONDENT
RULING
1. This ruling is in respect to the application dated 27th July 2020 wherein the Advocate/Applicant seeks orders as follows: -
1. That judgment and decree be and is hereby entered and issued on behalf of the applicant against the respondent for Kshs 11,291,465. 70/- on account of taxed advocate –client legal costs.
2. That interest and costs of this application and of execution be to the applicant.
2. The application is supported by the advocate’s affidavit and is premised on the grounds that: -
1. That the applicant has taxed his advocate-client bill of costs and has been awarded the amount the subject hereto and certificate of taxation issued thereafter.
2. That retainer was never disputed during the taxing of the costs, or at all.
3. That demand and notice of execution has been made but without success.
3. The Respondent did not oppose the application despite proper service with the same as shown in the affidavit of service dated 14th December 2020.
4. Consequently, I allow the application dated 27th July 2020 as prayed.
Dated, signed and delivered via Microsoft Teams at Nairobi this 16th day of December 2020in view of the declaration of measures restricting court operations due to Covid -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.
W. A. OKWANY
JUDGE
In the presence of:
Mr. Orinda for the applicant.
No appearance for the respondent.
Court Assistant: Sylvia