[2025] KEHC 10289 (KLR)
The court found that the certificate of costs issued by the taxing officer in favour of the applicant was valid and had not been set aside or challenged by the respondent. Under Section 51(2) of the Advocates Act, such a certificate is deemed final as to the amount of costs due and is enforceable as a judgment. The...
Source-derived case information.
- Citation
- [2025] KEHC 10289 (KLR)
- Parties
- Applicant: Ibrahim Issack and Company Advocates; Respondent: Monarch Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 36 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs
- Outcome
- application allowed; judgment entered for applicant
- Judges
- NW Sifuna
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment Entry, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ibrahim Issack and Company Advocates
Applicant
Monarch Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the amount stated in the certificate of costs.
- 2 Whether the certificate of costs is valid and enforceable as a judgment under Section 51(2) of the Advocates Act.
- 3 Whether the respondent has set aside or challenged the certificate of costs.
Ratio Decidendi
The court found that the certificate of costs issued by the taxing officer in favour of the applicant was valid and had not been set aside or challenged by the respondent. Under Section 51(2) of the Advocates Act, such a certificate is deemed final as to the amount of costs due and is enforceable as a judgment. The court therefore allowed the application and entered judgment for the applicant for the certified sum, with interest from the date of taxation and assessed costs of the application. The respondent's failure to contest the certificate or the application further justified the grant of the orders sought.
Court Disposition
application allowed; judgment entered for applicant
Orders
- Judgment entered for the applicant for Ksh89,405.70 as per the certificate of costs.
- Interest awarded from the date of taxation.
Full Case Text
Judgment text and source record
20 paragraphs
Ibrahim Issack and Company Advocates v Monarch Insurance Company Limited (Miscellaneous Civil Application 36 of 2020) [2025] KEHC 10289 (KLR) (Civ) (25 June 2025) (Ruling)
Neutral citation: [2025] KEHC 10289 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Civil Application 36 of 2020
NW Sifuna, J
June 25, 2025
Between
Ibrahim Issack and Company Advocates
Applicant
and
Monarch Insurance Company Limited
Respondent
Ruling
1. This is an Application by an Advocate the Applicant IBRAHIM ISSACK ADVOCATES against his Client the MONARCH INSURANCE COMPANY LTD. The Application was brought under Section 51 (2) of the Advocates Act Cap 16 Laws of Kenya. The same is for judgment for Ksh89,405/70 in terms of the Certificate of Costs dated 19th July 2021. The same is by Hon. L. Mbacho Taxing Officer. The Application was duly served on the Respondent.
2. The Certificate being valid, and it having not been set aside, the Application is hereby allowed, and consequently judgment is hereby entered for the Applicant for the said sum of Ksh 89,405/70= being the amount in the said Certificate of Taxation of Hon L. Mbacho.
3. The same is with interest from the date of Taxation. I also award the Applicant costs of this Application; which I hereby assess at Ksh10,000=.
4. I further direct that a decree be issued in terms of this Judgment.
DATED AND DELIVERED AT NAIROBI ON THIS 25TH DAY OF JUNE 2025. PROF (DR) NIXON SIFUNAJUDGE