[2021] KEELC 615 (KLR)
The court found that the Certificate of Taxation issued by the Taxing Officer on 15th April 2021 had not been set aside or altered and was therefore final and conclusive as to the amount due. The Applicant was entitled to judgment for the sum certified, together with interest at court rates from 30th November 2021,...
Source-derived case information.
- Citation
- [2021] KEELC 615 (KLR)
- Parties
- Applicant: Issa & Company Advocates; Respondent: Kuldip Singh & Haminder Kaur t/a Hilltop Primary & Secondary School
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 47 of 2020
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for applicant
- Judges
- CJ Kendagor
- Legal Topics
- Taxation of Costs, Advocate Client Fees, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa & Company Advocates
Applicant
Kuldip Singh & Haminder Kaur t/a Hilltop Primary & Secondary School
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether judgment should be entered in favour of the Advocate/Applicant for the taxed costs as per the Certificate of Taxation.
- 2 Whether the Applicant is entitled to interest on the taxed costs at court rates.
- 3 Whether the costs of the application should be borne by the Client/Respondent.
Ratio Decidendi
The court found that the Certificate of Taxation issued by the Taxing Officer on 15th April 2021 had not been set aside or altered and was therefore final and conclusive as to the amount due. The Applicant was entitled to judgment for the sum certified, together with interest at court rates from 30th November 2021, being 30 days from the date of judgment, until payment in full. The court also awarded the costs of the application to the Advocate/Applicant, as the Respondent had not opposed the application or provided any reason to deny the relief sought.
Court Disposition
judgment for applicant
Orders
- Judgment entered in favour of the Advocate/Applicant for Kshs. 759,911.14.
- The sum of Kshs. 759,911.14 to attract interest at 14% per annum from 30th November 2021 until payment in full.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MILIMANI, NAIROBI
ELC MISC.N0. 47OF 2020
ISSA & COMPANY ADVOCATES.....................................ADVOCATE/APPLICANT
VERSUS
KULDIP SINGH & HAMINDER KAUR T/A
HILLTOP PRIMARY & SECONDARY SCHOOL.............CLIENT/RESPONDENT
JUDGMENT
The Applicant filed a Notice of Motion dated 9th September 2021 filed under Sections 51(2) of the Advocates Act, Chapter 16 Laws of Kenya, Section 1A, 1B, 3A of the Civil Procedure Act, Chapter 21 Laws of Kenya, Order 51 Rule 1 of the Civil Procedure Rules 2010 and all other enabling Acts, Rules and Regulations. The Applicant is seeking for the following: -
1. THAT judgment be entered in favour of the Advocate/Applicant against the Client/Respondent for the sum of Kshs. 759,911. 14 as per the Certificate of Taxation issued by the Taxing Officer on 15th April 2021 together with interest at Court rates.
2. THAT the costs of this Application be borne by the Client/Respondent.
I allow the Application dated 9/09/2021 and adopt the Certificate of Taxation issued by the Taxing Officer on 15th April 2021 as a Judgment of the Court. I hereby grant prayer 1 and 2 of the application. I order that the taxed costs of Kshs. 759,911. 14/= should attract interest at Court rates from 30th November 2021, which date is 30 days from the date of the Judgment herein until payment in full.
Accordingly, I therefore enter judgment in favour of the Applicant for Kshs. 759,911. 14/=, together with interest thereon at 14% per annum until payment in full, calculable from 30th November 2021.
The costs of the application dated 9th September 2021 are awarded to the Advocate/Applicant.
DATED,SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS30THDAY OFNOVEMBER, 2021.
MOGENI J.
JUDGE
In the presence of
Mrs. Maina for the Advocate/Applicant
N/A …….. Client/Respondent
Vincent Owuor ……..Court Assistant