[2021] KEELRC 2179 (KLR)
The court found that there was no genuine dispute on the retainer, as the applicant had been instructed by the respondent and had acted on those instructions in defending Industrial Cause Number 436 of 2014. The Advocate/Client Bill of Costs was duly taxed and a Certificate of Taxation issued, which the respondent...
Source-derived case information.
- Citation
- [2021] KEELRC 2179 (KLR)
- Parties
- Applicant: Githinji Kimamo & Company Advocates; Respondent: Endmor Steel Millers Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 8 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- judgment for applicant
- Judges
- J Rika
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Retainer Dispute, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Githinji Kimamo & Company Advocates
Applicant
Endmor Steel Millers Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the Certificate of Taxation.
- 2 Whether there exists a genuine dispute on the retainer between the parties.
- 3 Whether judgment can be entered on a miscellaneous application based on a taxed bill of costs.
Ratio Decidendi
The court found that there was no genuine dispute on the retainer, as the applicant had been instructed by the respondent and had acted on those instructions in defending Industrial Cause Number 436 of 2014. The Advocate/Client Bill of Costs was duly taxed and a Certificate of Taxation issued, which the respondent had been aware of for over two years and had not challenged or set aside. In the absence of a valid dispute on the retainer and with the Certificate of Taxation remaining unchallenged, the court held that judgment could properly be entered for the applicant for the taxed sum, together with interest and costs.
Court Disposition
judgment for applicant
Orders
- Judgment is entered for the Advocate / Applicant, for the sum of Kshs. 126,815.
- Interest allowed at the rate of 14% per annum, from 5th July 2018, till payment is made in full.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT NAIROBI
MISCELLANEOUS APPLICATION NO. 8 OF 2018
BETWEEN
GITHINJI KIMAMO & COMPANYADVOCATES......ADVOCATE / APPLICANT
AND
ENDMOR STEEL MILLERS LTD......................................CLIENT/ RESPONDENT
RULING
1. The Applicant seeks Judgment against the Respondent, for the sum of Kshs. 126,815. The sum arises from an Advocate/ Client Bill of Costs, which has been taxed by the Deputy Registrar of this Court. Certificate of Taxation issued. Taxation took place on 5th July 2018. Certificate of Taxation is dated 7th August 2018. The Applicant states there is no dispute on the retainer. Certificate of Taxation has not been set aside.
2. The Respondent opposes the Application. Its position is that retainer has always been in dispute, and the Applicant ought therefore, to have filed a full blown Claim. Judgment cannot be given based on a Miscellaneous Application. The Respondent submits it has not been served with the Certificate of Taxation, and interest sought at the rate of 14% per annum, is punitive. The Respondent urges the Court to dismiss the Application with costs.
The Court Finds: -
3. There is no retainer dispute, apparent on the face of the record. The Applicant was instructed by the Respondent to defend Industrial Cause Number 436 of 2014, brought against the Respondent by its former Employee. The Applicant subsequently filed Memorandum of Appearance dated 9th April 2014. Pleadings were filed, as were Documents supplied by the Respondent to the Court. The Applicant acted on the instructions of the Respondent.
4. The Advocate/ Client Bill of Costs was taxed. Certificate of Taxation issued. The Respondent has been aware about this, for the last over 2 years. There is nothing to be heard on a full trial.
IT IS ORDERED: -
a. Judgment is entered for the Advocate / Applicant, for the sum of Kshs. 126,815.
b. Interest allowed at the rate of 14% per annum, from 5th July 2018, till payment is made in full.
c. Costs of the Application to the Advocate / Applicant.
Dated and delivered at Nairobi, this 11th day of February 2021.
James Rika
Judge