[2021] KEHC 6224 (KLR)
The court found that the applicant's firm represented the respondent in the original matter without any protest regarding instructions or retainer. Since the certificate of costs issued after taxation has not been challenged, set aside, reviewed, or varied, it is conclusive as to the amount due. The respondent's...
Source-derived case information.
- Citation
- [2021] KEHC 6224 (KLR)
- Parties
- Applicant: James Aggrey Mwamu T/A Mwamu & Company Advocates; Respondent: The County Assembly of Migori
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 70 of 2018
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Notice of Motion to Convert Certificate of Costs Into Judgment
- Outcome
- Application allowed. Orders granted as prayed.
- Legal Topics
- Taxation of Costs, Advocate Remuneration, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Aggrey Mwamu T/A Mwamu & Company Advocates
Applicant
The County Assembly of Migori
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Notice of Motion to Convert Certificate of Costs Into Judgment
Legal Issues
- 1 Whether the certificate of costs should be converted into a judgment in favour of the applicant.
- 2 Whether interest at 14% per annum should accrue on the taxed costs from 11th December, 2018 until payment in full.
- 3 Whether the respondent can dispute the retainer at this stage.
Ratio Decidendi
The court found that the applicant's firm represented the respondent in the original matter without any protest regarding instructions or retainer. Since the certificate of costs issued after taxation has not been challenged, set aside, reviewed, or varied, it is conclusive as to the amount due. The respondent's attempt to dispute the retainer at this stage is not permissible. Accordingly, the opposition to the application was dismissed, and the application to convert the certificate of costs into judgment, with interest at 14% per annum from 11th December, 2018 until payment in full, was allowed.
Court Disposition
Application allowed. Orders granted as prayed.
Orders
- The certificate of costs in the sum of Kshs.792,329 is converted into judgment.
- Interest shall accrue on the taxed costs at 14% per annum with effect from 11th December, 2018 until payment in full.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT HOMA BAY
MISCELLANEOUS CIVIL APPLICATION NO. 70 OF 2018
JAMES AGGREY MWAMU
T/A MWAMU & COMPANY ADVOCATES.............................APPLICANT
VERSUS
THE COUNTY ASSEMBLY OF MIGORI...........................RESPONDENT
RULING
1. The applicant moved the court by way of Notice of Motion dated 27th June, 2019. It was brought under section 51 (2) of the Advocates Act and Rule 7 of the Advocates (remuneration) Order. He is seeking the following orders:
a) That this court be pleased to convert the certificate of costs in the sum of Kshs.792,329/= into judgment.
b) That upon grant of prayer 1 above, interest do accrue on the taxed costs at 14% per annum with effect from 11th December, 2018 till payment in full.
c) That the costs of this application be awarded to the applicant.
2. The application was premised on the following grounds:
a) That the representation/retainer is not disputed.
b) That the applicant’s costs were taxed on 11th December, 2018 and a certificate of costs has been issued.
c) That the certificate is yet to be set aside, reviewed and/or varied.
d) That the taxed costs remain unsettled to date.
e) That the application is made in good faith.
3. The respondent opposed the application. Sixteen grounds were raised that I have summarized as follows:
a) That the services of the applicant were illegally procured.
b) That the respondent does not have the capacity to sue or be sued.
c) That the retainer is disputed.
4. I have looked at the record of the original matter that gave rise to the bill of costs herein. At all times, the firm of Mwamu & Company Advocates appeared for the respondents therein and who are the respondents in this application. There was no protest then that the firm had no instructions. The respondent cannot be allowed to dispute the retainer now.
5. Since the taxation, the bill has not been challenged in any way. I therefore dismiss the opposition to the application and allow the application. Orders to issue in terms of prayers ( a) to (c).
DELIVEREDandSIGNEDatHOMA BAYthis15thdayof June, 2021
KIARIE WAWERU KIARIE
JUDGE.