[2025] KEHC 8960 (KLR)
The court found that the applicant's costs had been duly taxed and certified by the Deputy Registrar, and that the respondent had neither challenged the certificate of taxation nor disputed the retainer. In the absence of any response or appearance by the respondent, and in accordance with section 51(2) of the...
Source-derived case information.
- Citation
- [2025] KEHC 8960 (KLR)
- Parties
- Applicant: Eric Ntabo & Co Advocates; Respondent: Trident Insurance Co Limited
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E077 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the certified taxed costs.
- Judges
- TW Ouya
- 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
Eric Ntabo & Co Advocates
Applicant
Trident Insurance Co Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the applicant for the certified taxed costs against the respondent.
- 2 Whether the respondent has any valid dispute regarding the retainer or the amount certified in the certificate of taxation.
Ratio Decidendi
The court found that the applicant's costs had been duly taxed and certified by the Deputy Registrar, and that the respondent had neither challenged the certificate of taxation nor disputed the retainer. In the absence of any response or appearance by the respondent, and in accordance with section 51(2) of the Advocates Act, the court held that the certificate of taxation was final as to the amount due. The court therefore granted judgment in favour of the applicant for the certified sum of KES 93,600, with costs of the application to be determined upon taxation.
Court Disposition
Application allowed. Judgment entered for the applicant for the certified taxed costs.
Orders
- Judgment is entered in favour of the applicant against the respondent for KES 93,600 being the certified taxed costs.
- The respondent shall pay the costs of this application to the applicant, to be determined upon taxation.
Full Case Text
Judgment text and source record
22 paragraphs
Eric Ntabo & Co Advocates v Trident Insurance Co Limited (Miscellaneous Application E077 of 2024) [2025] KEHC 8960 (KLR) (25 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8960 (KLR)
Republic of Kenya
In the High Court at Murang'a
Miscellaneous Application E077 of 2024
TW Ouya, J
June 25, 2025
Between
Eric Ntabo & Co Advocates
Applicant
and
Trident Insurance Co Limited
Respondent
Ruling
1. Before court is a Notice of Motion application by Kinyua Maingi and Company Advocates dated 13th December 2024. The application is brought under section 51(2) of the Advocates Act Chapter 16 Laws of Kenya seeking for orders that:a.That judgment entered in favor of the Applicant against the Respondent for kshs. 93,600 only being the certified costs due to the Applicant as against the Respondentb.That the Respondent does pay to the Applicant the costs of this application together with interest on the taxed sum.
2. The application is supported by grounds and affidavit sworn by Eric Nyarangi Ntabo Advocate on 13th December 2024 to the effect that:a.The advocate – Client costs due to the Applicant herein have been taxed at kshs. 93,600 only, in favor of the Applicant as against the Respondent and a certificate of taxation issued to that effect.b.The Respondent has neglected, refused and/or failed to settle the taxed costs.c.There is no dispute that the Respondent retained the Applicant herein as their advocate in respect of which advocate –client’s costs were taxed herein.d.That it is only fair in the circumstances that judgement be entered for the amount of kshs. 93,600 only being the sum certified to be due to the applicant herein.e.A certificate of Taxation by Hon. E Analo Deputy Registrar dated 11th October 2024 is attached.
3. This court takes note that the instant application, hearing notice and submissions were served upon the Respondent but failed to yield any response neither did the Respondent to appear in court.
4. Vide oral submissions on 23rd June 2025, the applicant urges the court to grant the orders as prayed.
5. The issue before this court is a prayer for Judgement to be entered in favor of the Applicant against the Respondent for the sum of kshs. 93,600 only, being the certified costs due to the applicant against the Respondent.
6. Section 51(2) of the Advocates Acts provides:‘‘The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.’’
7. Taking into account the existence of the certificate of taxation by Hon. M. E Analo the Deputy Registrar High Court Murang’a dated 19th September 2024, this court hereby grants orders 1 and 2 as prayed. The costs of this application to be determined upon taxation.
DATED, SIGNED AND DELIVERED ELECTRONICALLY this 25th DAY OF JUNE, 2025. HON. T. W. OUYAJUDGE