[2007] KEHC 2910 (KLR)
The court found that the applicant's advocate/client bill had been taxed and a certificate of taxation issued for KES 179,285.47. The respondent had not filed any reference or appeal against the taxation, nor had it opposed the application or appeared in court. There was no dispute as to retainer. In the absence of...
Source-derived case information.
- Citation
- [2007] KEHC 2910 (KLR)
- Parties
- Plaintiff: Hezekiah Karanja Gitata; Defendant: Mbo-I-Kamiti Farmers Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 554 of 1998
- Procedural Posture
- Civil Case / Ruling on Notice of Motion for Judgment on Taxed Costs
- Outcome
- Application allowed as prayed; judgment entered for taxed costs.
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Enforcement of Costs, Unopposed Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hezekiah Karanja Gitata
Plaintiff
Mbo-I-Kamiti Farmers Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether the taxed costs as between advocate and client should be entered as judgment of the court.
- 2 Whether the respondent has opposed or appealed the certificate of taxation.
- 3 Whether there is any dispute as to retainer.
Ratio Decidendi
The court found that the applicant's advocate/client bill had been taxed and a certificate of taxation issued for KES 179,285.47. The respondent had not filed any reference or appeal against the taxation, nor had it opposed the application or appeared in court. There was no dispute as to retainer. In the absence of opposition and in accordance with Section 51(2) of the Advocates Act and the relevant rules, the court allowed the application and entered judgment for the taxed costs as prayed.
Court Disposition
Application allowed as prayed; judgment entered for taxed costs.
Orders
- The costs taxed by the Deputy Registrar on 17th February 2005 as between client and advocate are made judgment of the court.
- The respondent shall pay the taxed sum of KES 179,285.47 to the applicant.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 554 of 1998
HEZEKIAH KARANJA GITATA…………...….……….PLAINTIFF
Versus
MBO-I-KAMITI FARMERS LTD……….………..…..DEFENDANT
RULING
The Applicant by way of this Notice of Motion dated 3rd May 2006 and expressed to be brought under Section 51 (2) of the Advocates’ Act and Rule 7 of the Advocates (Remuneration) Order and Order L Rule 1 of the Civil Procedure Rules seeks orders that the costs taxed by the Deputy Registrar on 17th February 2005 as between Client/Advocate be made judgment of this court and that costs for this Application be provided for.
The application is based on the fact that the said costs have already been taxed and certificate of costs issued and that the Respondent is yet to pay the said sum. The Application is also supported by an affidavit sworn by Timothy K. Waweru.
On 3rd May 2006 in which he avers that the Advocate/Client bill was taxed on 17th February 2005 at Shs.179. 285. 47 by the Deputy Registrar and who issued a certificate of taxation and that the respondent however has not filed a reference by way of an appeal against the said taxation and that there is no dispute as to retainer.
The Respondent was served with this Application but never filed any papers to oppose the Application nor had he appeared in court to oppose the same.
The Application being unopposed, I allow it in terms of prayers 1,2, and 3 of the Notice of Motion dated 3rd May 2006.
Dated and delivered at Nairobi this 30th day of April 2007.
J.L.A. OSIEMO
JUDGE