[2022] KEHC 15104 (KLR)

Gazemba Wekesa & Co. Advocates v Trident Insurance Company Limited (Miscellaneous Civil Application E014 of 2021) [2022] KEHC 15104 (KLR) (2 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15104 (KLR)

Republic of Kenya

In the High Court at Chuka

Miscellaneous Civil Application E014 of 2021

LW Gitari, J

November 2, 2022

IN THE MATTER OF THE ADVOCATES ACT (CAP 16 OF THE LAWS OF KENYA ) & THE ADVOCATES REMUNERATION ORDER, 2014 AND IN THE MATTER TO TAXATION AND ADVOCATE – CLIENT BILL OF COSTS

Between

Gazemba Wekesa & Co. Advocates

Applicant

and

Trident Insurance Company Limited

Respondent

Ruling

1. The application before me is a Notice of Motion dated 23/6/2022 and seeks the following orders:-1. That the court be pleased to enter Judgment against the respondent on the amount of Kshs.84,900/- certified on Certificate of Taxation herein dated the September 20, 2021, together with interest at the rate of 14% per annum from July 19, 2021 until payment in full.2. That a Decree issues in respect of the sum of Kshs.84,900/- certified on the Certificate of Taxation dated the September 20, 2021, together with interest at the rate of 14% per annum from the July 19, 2021, until payment in full, and that the Applicant be at liberty to execute for recovery of same in such manner as Decree of this honourable court.3. That the costs of this application be provided for.The application is based on the following grounds:-1. That is just and fair that orders sought herein be grantd.2. That the Advocate Client Bill of costs herein has been taxed and a Certificate of Taxation issued therefrom.3. That the Advocates wish to proceed and realize the costs taxed herein by way of execution hence Judgment and Decree are required therefrom.

2. The application is supported by the affidavit of Janet Nasimiyu Wekesa, an advocate who practices in the firm of Gazemba Wekesa and Company Advocates. She deposes that the respondent was served with a bill of costs and a taxation Notice dated 31/5/2021. The bill of costs arose from outstanding fees payable to the applicant together with interests at 14% per annum. The respondent was therefore made aware of the outstanding fees and the bill of costs for taxation. The respondent did not attend court nor did he file any documents to challenge the bill of costs. 3. The Deputy Registrar of this court proceeded and taxed the bill of costs dated 31/5/2021 on 15/7/2021 in the sum of Kshs.84,900/-. A certificate of taxation was then issued. The applicant has come to this court to realize the costs which are in the certificate of taxation and has urged this court to enter Judgment for the costs together with interests at 14% per annum as the application is not opposed and the retainer is not disputed.

4. I have considered the application. From the record, the costs were taxed by the Deputy Registrar who noted that the respondent did not object. Annexture JNW2 shows that Taxation Notice was issued to the respondent who received it and stamped it to acknowledge that it was received. They did not file objection nor did they attend court.

5. The applicant has filed affidavit of service dated 26/10/2022 to prove that the respondent was served with this application. The respondent did not oppose the application nor have they attended court to oppose the application. I therefore find that the application is not opposed.

6. The application is brought under section 3A, of the Civil Procedure Act and section 51 of the Advocates Act cap (cap16 Laws of Kenya) The section provides:-(1)Every application for an order for the taxation of an advocate’s bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by an advocate shall be made in the matter of that advocate.(2)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 there the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”I find that the application is properly before this court as it is the court with jurisdiction to enter Judgment on costs and especially where retainer is not disputed. As observed above, the application was not opposed and there was no dispute that the respondent had engaged the applicant to act on their behalf. I find that this application has merits. I allow the application and order that:-a.Judgment is hereby entered for the applicants against the respondent in the sum of Kshs.84,900/- as per the certificate of taxation dated 20th September 2021. b.The amount of Kshs.84,900/-shall attract interests at 14% from the date hereof till payment in full.c.Costs to the applicant

DATED, SIGNED AND DELIVERED AT CHUKA 2NDDAY OF NOVEMBER 2022. L.W. GITARIJUDGE2/11/2022