[2022] KEHC 15010 (KLR)
The court found that the respondent was duly served with the bill of costs and the application for judgment, did not file any objection or attend court, and did not dispute the retainer. The Deputy Registrar had taxed the bill of costs and issued a certificate of taxation for Kshs.63,300/-. Under Section 51(2) of...
Source-derived case information.
- Citation
- [2022] KEHC 15010 (KLR)
- Parties
- Applicant: Gazemba & Wekesa Co Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E013 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest and costs of application
- Judges
- LW Gitari
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gazemba & Wekesa Co Advocates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the amount certified in the certificate of taxation.
- 2 Whether interest at 14% per annum is payable on the taxed costs from the specified date.
- 3 Whether the respondent was properly served and given an opportunity to object to the bill of costs.
Ratio Decidendi
The court found that the respondent was duly served with the bill of costs and the application for judgment, did not file any objection or attend court, and did not dispute the retainer. The Deputy Registrar had taxed the bill of costs and issued a certificate of taxation for Kshs.63,300/-. Under Section 51(2) of the Advocates Act, the certificate of taxation is final as to the amount unless set aside or altered by the court. Since the application was unopposed and the retainer was not disputed, the court held that the applicant was entitled to judgment for the certified sum with interest at 14% per annum from the date of the ruling until payment in full, and awarded costs of the...
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest and costs of application
Orders
- Judgment is entered for the applicant against the respondent in the sum of Kshs.63,300/- as per the certificate of taxation dated 20th September 2021.
- The amount of Kshs.63,300/- shall attract interest at 14% per annum from the date of the ruling until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
Gazemba & Wekesa Co Advoctes v Trident Insurance Company Limited (Miscellaneous Civil Application E013 of 2021) [2022] KEHC 15010 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15010 (KLR)
Republic of Kenya
In the High Court at Chuka
Miscellaneous Civil Application E013 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, 2014AND IN THE MATTER TO TAXATION AND ADVOCATE – CLIENT BILL OF COSTS
Between
Gazemba & Wekesa Co Advoctes
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.63,300/- certified on Certificate of Taxation herein dated the September 29, 2021, together with interest at the rate of 14% per annum from 19th July, 2021 until payment in full.
2. That a Decree issues in respect of the sum of Kshs.63,300/- certified on the Certificate of Taxation dated the 29th September, 2021, together with interest at the rate of 14% per annum from the 19th July 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 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.
2. 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.63,300/-. 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.
3. 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.
4. 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. 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.”5. 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:-1. Judgment is hereby entered for the applicants against the respondent in the sum of Kshs.63,300/- as per the certificate of taxation dated 20th September 2021. 2.The amount of Kshs.63,300/-shall attract interests at 14% from the date hereof till payment in full.3. Costs to the applicant.
DATED, SIGNED AND DELIVERED AT CHUKA 2ND DAY OF NOVEMBER 2022. L.W. GITARIJUDGE2/11/2022