[2007] KEHC 797 (KLR)
The court found that the advocate had satisfied all requirements under Section 51(2) of the Advocates Act: the bill of costs was taxed and a certificate issued, the certificate had not been set aside, varied, or stayed, and there was no dispute as to the retainer. The previous attempt by the client to set aside the...
Source-derived case information.
- Citation
- [2007] KEHC 797 (KLR)
- Parties
- Applicant: J. K. Koskei & Co. Advocates; Respondent: Standard Assurance Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 387 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for the applicant on taxed costs
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Advocate Client Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J. K. Koskei & Co. Advocates
Applicant
Standard Assurance Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the advocate is entitled to judgment on taxed costs as per the certificate of taxation.
- 2 Whether there is any dispute as to the retainer between the advocate and the client.
- 3 Whether the certificate of taxation has been set aside, varied, or stayed.
Ratio Decidendi
The court found that the advocate had satisfied all requirements under Section 51(2) of the Advocates Act: the bill of costs was taxed and a certificate issued, the certificate had not been set aside, varied, or stayed, and there was no dispute as to the retainer. The previous attempt by the client to set aside the certificate was unsuccessful, and no challenge was made regarding the retainer. Accordingly, the court held that the advocate was entitled to judgment for the taxed costs as per the certificate of taxation.
Court Disposition
application allowed; judgment entered for the applicant on taxed costs
Orders
- Judgment entered for the advocate against the client for Kshs.43,925 with costs of the application.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS)
MISC APPLI 387 OF2007
J. K. KOSKEI & CO. ADVOCATES………………PLAINTIFF
VERSUS
STANDARD ASSURANCE LIMITED.....……..DEFENDANT
RULING
The Notice of Motions dated 9th October 2007 has been filed by the Applicant/Advocate against the Client under Section 51 of the Advocates Act, Order L rule 1 of Civil Procedure Rules and Section 3A of Civil Procedure Act. It seeks judgment on taxed costs as found due by the Deputy Registrar on the 11th May 2007 with costs. Two reasons are given as grounds for the application. One that the costs have already been taxed and, two the Client is yet to pay for the same.
There is an affidavit sworn in support of the application, sworn by NELSON SITONIK, on behalf of the Advocate. The Advocate annexes the Certificate of Taxation and depones that to his knowledge, the certificate has neither been challenged nor altered. He also depones that there is no dispute as to the retainer.
I have considered this application. I note from the file that an application was heard inter parties before the Deputy Registrar, in which the Client/Respondent sought unsuccessfully to have the Certificate of Taxation set aside. The basis of the application was that there was still a suit pending before Kiambu Court, out of which this miscellaneous application had been filed. The Court declined to set aside the certificate on grounds no good cause was shown.
There was no challenge concerning the retainer in the application before the Deputy Registrar. I find there is therefore no dispute as to the retainer.
The Advocate has, under Section 51(2) of the Advocate Act, to show
a) that a bill of costs has been taxed and a certificate issued by the Taxing Master
b) that the certificate has not been set aside, varied or stayed by a court and;
c) that there is no dispute as to the retainer.
I do find that the Advocate/Applicant has satisfied all three requirements under the quoted section. A Certificate of Taxation is final as to the costs payable to the Advocate.
The Applicant deserved to be paid his costs. This application is merited. I do hereby allow it and enter judgment for the Advocate against the Client on the sum of Kshs.43,925/= with costs of the application.
Dated at Nairobi this 16th day of November, 2007.
LESIIT, J.
JUDGE
Read, signed and delivered in the presence of:
N/A
LESIIT, J.
JUDGE