[2007] KEHC 2380 (KLR)
The court found that the applicant's bill of costs was duly taxed and that the certificate of costs issued by the taxing master had not been challenged, set aside, or varied. Under Section 51(2) of the Advocates Act, such a certificate is final as to the amount of costs. The respondent, having been served with the...
Source-derived case information.
- Citation
- [2007] KEHC 2380 (KLR)
- Parties
- Applicant: ISEME, KAMAU & MAEMA ADVOCATES; Respondent: ALFRED SAMBU WEKESA T/A GOLDSTAR RESTAURANT
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 452 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed as prayed with costs to the applicant
- Judges
- AM Cockar
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ISEME, KAMAU & MAEMA ADVOCATES
Applicant
ALFRED SAMBU WEKESA T/A GOLDSTAR RESTAURANT
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for taxed costs against the respondent under Section 51(2) of the Advocates Act.
- 2 Whether the certificate of costs issued by the taxing master is final and conclusive in the absence of a challenge or objection by the client.
- 3 Whether execution can issue against the respondent without further proceedings.
Ratio Decidendi
The court found that the applicant's bill of costs was duly taxed and that the certificate of costs issued by the taxing master had not been challenged, set aside, or varied. Under Section 51(2) of the Advocates Act, such a certificate is final as to the amount of costs. The respondent, having been served with the application and hearing notice, failed to oppose the application or attend the taxation. There being no objection or pending application to set aside the certificate of costs, the applicant was entitled to judgment for the taxed sum and to execute against the respondent without further proceedings. The application was therefore allowed as prayed, with costs to the applicant.
Court Disposition
application allowed as prayed with costs to the applicant
Orders
- Judgment entered for the applicant against the respondent for the sum taxed by the taxing officer on 15th August, 2005.
- The applicant is granted leave to execute against the respondent/client without further or other proceedings.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Misc Appli 452 of 2005
ISEME, KAMAU & MAEMA ADVOCATES ..….....................……….APPLICANT
VERSUS
ALFRED SAMBU WEKESA T/A GOLDSTAR RESTAURANT...RESPONDENT
RULING
The Applicant, a firm of Advocates has by Notice of Motion dated 29th August, 2005 brought under Section 51(2) of Advocates Act and Order L rule 1 of Civil Procedure Rules sought judgment against its client the Defendant in RMCC No.8446/95, in the sum taxed by the Taxing officer on 15th August, 2005. It also seeks an order to execute against the Respondent/client without further or other proceedings.
There are four grounds cited on the face of the application in support of the application and, an affidavit in support thereof sworn by Ben Simiyu for the firm of advocates.
The client was served with this application and a hearing notice but filed no papers. The application is therefore unopposed. I note from the file that the Respondent did not also attend the Taxing Master for the taxation of the Bill of costs despite service.
The Advocate has established that it was retained to act for the client in the above stated case and has annexed in the supporting affidavit the memorandum of appearance, the statement of defence and the written submissions filed in the RM’S suit by the applicant on behalf of the client. They are annexure “B.S.1”. There is also annexed thereto the certificate of costs by the Taxing master marked “BS 2”. The Advocate depones that the sum as taxed has not been settled neither has the client challenged the certificate of costs nor has it raised any objection nor had it set aside.
I am satisfied that the Applicant’s Bill of costs was duly taxed. Under Section 51(2) of Advocates Act, the certificate issued by the taxing master is final. In any event, no application has been filed to challenge the taxation, neither has the certificate of costs been set aside nor costs therein varied. The Advocate is entitled to his costs. I will allow the application in the terms prayed for under prayer 1 and 2 of the application, with costs to the Applicant.
Dated at Nairobi this 19th day of October 2007.
LESIIT J
JUDGE
Read, signed and delivered in presence of:
N/A
LESIIT, J.
JUDGE