[2018] KEHC 2603 (KLR)
The court found that the respondent had notice of the bill of costs and the date of taxation, as evidenced by the record of proceedings and the ruling by the Taxing Master. The respondent's objection regarding service was unfounded and raised in the wrong forum. Since the retainer was not disputed and the respondent...
Source-derived case information.
- Citation
- [2018] KEHC 2603 (KLR)
- Parties
- Applicant: Githinji Kimamo & Co. Advocate; Respondent: Invesco Assurance Company Ltd
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 67 of 2016
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for applicant
- Judges
- CW Meoli
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation, Enforcement of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Githinji Kimamo & Co. Advocate
Applicant
Invesco Assurance Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the certificate of taxation should be adopted as a judgment of the court.
- 2 Whether the respondent was properly served with the bill of costs and notice of taxation.
- 3 Whether the respondent's objection to the certificate of taxation is valid.
Ratio Decidendi
The court found that the respondent had notice of the bill of costs and the date of taxation, as evidenced by the record of proceedings and the ruling by the Taxing Master. The respondent's objection regarding service was unfounded and raised in the wrong forum. Since the retainer was not disputed and the respondent had not applied to set aside the certificate of taxation, the court held that the applicant was entitled to judgment for the sum certified in the certificate of taxation, pursuant to Section 51(2) of the Advocates Act.
Court Disposition
judgment for applicant
Orders
- Judgment is entered for the applicant against the respondent for the sum certified in the certificate of taxation, with costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
MISCELLANEOUS CIVIL CASE NO 67 OF 2016
GITHINJI KIMAMO & CO. ADVOCATE....................APPLICANT
VERSUS
INVESCO ASSURANCE COMPANY LTD...............RESPONDENT
J U D G M E N T
1. Taxation proceedings in respect of the Advocate/Client bill filed on 8. 12. 16 proceeded exparte as the client did not attend, despite notice. By the ruling delivered on 16th May 2017 the Taxing Master taxed the Bill of Costs and issued a certificate of Taxation in the sum of KShs.76,787/=.
2. The Advocate/Applicant has by the chamber Summons filed on 13th March 2018 sought the adoption of the said certificate as a judgment of this court. In a replying affidavit, the Client/Respondent contends that they were not served with the Bill of costs and that the Applicant ought to file a suit for recovery of costs.
3. The record of proceedings and ruling by the Taxing Master clearly demonstrate that the Respondent had notice of the Bill of costs and the date of taxation. The objection taken by the Respondent therefore is not only unfounded but is also raised in the wrong forum. Section 51(2) of the Advocates Act provides that:
“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”
The Respondent does not dispute the retainer, and has not applied to set aside the certificate. The Advocate Applicant is entitled to invoke the provisions of Section 51 of the Advocates Act in enforcing the certificate of costs.
This court grants his application and enters judgment, with costs for the
Applicant against the Respondent.
DELIVERED AND SIGNED AT KIAMBU THIS 2ND DAY OF NOVEMBER, 2018
C. MEOLI
JUDGE
In the presence of:
No appearance for Applicant
No appearance for the Respondent
Court clerk - Kevin