[2020] KEHC 10380 (KLR)
The court found that the applicant had properly taxed the advocate-client bill of costs, obtained a certificate of taxation, and that the respondent neither disputed the retainer nor opposed the application despite being served. In the absence of any challenge to the certificate of taxation or the retainer, and...
Source-derived case information.
- Citation
- [2020] KEHC 10380 (KLR)
- Parties
- Applicant: Eddy Nicholas O. Orinda T/A One and Associates LLP; Respondent: Highgrove Holdings Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 256 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed as prayed
- Judges
- WA Okwany
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eddy Nicholas O. Orinda T/A One and Associates LLP
Applicant
Highgrove Holdings 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 per the certificate of taxation.
- 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 the advocate-client bill of costs, obtained a certificate of taxation, and that the respondent neither disputed the retainer nor opposed the application despite being served. In the absence of any challenge to the certificate of taxation or the retainer, and pursuant to Section 51(2) of the Advocates Act, the court held that the applicant was entitled to judgment for the taxed amount as prayed. The application was therefore allowed in full.
Court Disposition
application allowed as prayed
Orders
- Judgment and decree entered for the applicant against the respondent for Kshs 40,460,318 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.256 OF 2019
EDDY NICHOLAS O. ORINDA T/A
ONE AND ASSOCIATES LLP...........................APPLICANT/ADVOCATE
-VERSUS-
HIGHGROVE HOLDINGS LIMITED ................RESPONDENT/CLIENT
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 40, 460,318/- 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