[2021] KEHC 8137 (KLR)
The court held that since the certificate of taxation issued in favour of the applicant had not been set aside or altered by any reference or review, it was conclusive as to the amount due. The respondent's opposition lacked any legal or factual basis, and the applicant was entitled to judgment for the taxed costs,...
Source-derived case information.
- Citation
- [2021] KEHC 8137 (KLR)
- Parties
- Applicant: Githinji Kimamo & Co. Advocates; Respondent: Endmor Steel Millers Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 86 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs, interest, and costs of the application
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Advocate Client Bill of Costs, Taxation of Costs, 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. Advocates
Applicant
Endmor Steel Millers Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment on the basis of a certificate of taxation that has not been set aside or altered.
- 2 Whether the respondent has any valid legal or factual ground to resist the entry of judgment for the taxed costs.
Ratio Decidendi
The court held that since the certificate of taxation issued in favour of the applicant had not been set aside or altered by any reference or review, it was conclusive as to the amount due. The respondent's opposition lacked any legal or factual basis, and the applicant was entitled to judgment for the taxed costs, together with interest from the date of taxation. The application for judgment was therefore allowed as drawn.
Court Disposition
application allowed; judgment entered for applicant for taxed costs, interest, and costs of the application
Orders
- Judgment is entered in favour of the applicant against the respondent for Kshs. 32,340 as per the certificate of taxation dated 28th August, 2019.
- The applicant is entitled to interest on the taxed costs from the date of taxation.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 86 OF 2018
GITHINJI KIMAMO & CO. ADVOCATES……………… APPLICANT
VERSUS
ENDMOR STEEL MILLERS LTD ………………………RESPONDENT
RULING
This is an advocate client dispute. In a case in the lower court involving the respondent and its employee, the applicant acted for the respondent until the matter was concluded. Subsequently, the applicant lodged a bill of costs against the respondent which was taxed at Kshs. 32,340/=.
There is a certificate of taxation dated 28th August, 2019. This bill has not been settled by the respondent hence the Notice of Motion dated 27th September and filed on 2nd October, 2019 seeking the order that judgment be entered in favour of the applicant against the respondent plus costs and interest.
The application is supported by grounds set out the face thereof alongside the affidavit of Hiram Thimba Advocate. The respondent opposed the application and filed grounds of opposition. The record shows that parties were inclined to settle the matter but having failed, the court has to make a decision.
The Certificate of Taxation has not been set aside or altered by way of any reference or review. The applicant is entitled to interest from the date the bill of costs was taxed.
The resistance of the order sought by the applicant finds no ground both in law and facts deponed in the affidavit in support of the Motion.
I am satisfied that the application is merited and accordingly allow the same as drawn.
Dated, signed and delivered at Nairobi this 24rd Day of March, 2021.
A. MBOGHOLI MSAGHA
JUDGE