[2008] KEHC 195 (KLR)
The court found that the applicant's bill of costs had been taxed at Kshs.152,508 and a certificate of taxation issued. The respondent, despite being served, did not contest the application or challenge the certificate of taxation. Section 51(2) of the Advocates Act empowers the court to enter judgment for the...
Source-derived case information.
- Citation
- [2008] KEHC 195 (KLR)
- Parties
- Applicant: J.B. Kibicho & Co. Advocates; Respondent: Inoi Farmers Co-op. Society Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 278 of 2007
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for the applicant
- Judges
- AT Sitati
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation
- 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
J.B. Kibicho & Co. Advocates
Applicant
Inoi Farmers Co-op. Society Limited
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether judgment should be entered for the applicant for the taxed amount as per the certificate of taxation.
- 2 Whether the respondent has contested the application or the certificate of taxation.
- 3 Whether the applicant is entitled to costs and interest on the taxed amount.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed at Kshs.152,508 and a certificate of taxation issued. The respondent, despite being served, did not contest the application or challenge the certificate of taxation. Section 51(2) of the Advocates Act empowers the court to enter judgment for the certified sum unless the certificate is set aside or altered, which had not occurred. There was no dispute as to the retainer. Accordingly, the court allowed the application, entered judgment for the applicant for the taxed sum, awarded costs of the application, and ordered interest at 12% per annum from the date of taxation until payment in full.
Court Disposition
judgment for the applicant
Orders
- Judgment entered for the applicant in the sum of Kshs.152,508.
- Respondent to bear the costs of the application.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Misc. Appli. 278 of 2007
J.B. KIBICHO & CO. ADVOCATES………………..…………...APPLICANT
VERSUS
INOI FARMERS CO-OP. SOCIETY LIMITED………………RESPONDENT
J U D G M E N T
1. By the Notice of Motion dated 20/06/2008, the advocate/applicant prays for ORDERS:-
1. THAT judgment be entered for the Applicant in the sum of Kshs.152 508/= as per the ruling of the taxing officer delivered on 14/01/2008.
2. THAT this Honourable Court be pleased to issue a decree for the taxed amount.
3. THAT the Respondent do bear the costs of the application.
2. The Applicant says that the Advocate-Client bill of costs was delivered on the 14/01/2008 taxing the bill of costs at Kshs.152 508/= and that the said taxation has neither been set aside nor altered. M/s Leah W. Muchiri advocate confirms these facts through her sworn affidavit made on 20/06/2008. She has annexed to her affidavit a copy of the Certificate of Taxation as annexture “LWM1” which confirms that the Advocate-Client Bill of costs was taxed on 14/01/2008.
3. Both the application and the hearing notice were duly served on the Respondents but they did not file any replying papers. The application as it stands remains uncontested. Section 51(2) of the Advocates Act Cap 16 Laws of Kenya empowers this court to, inter alia, make an order that judgment be entered for the sum certified to be due with costs unless the certificate of the taxing officer has been set aside or altered by the court. In the instant case, the Certificate of Taxation has neither been set aside nor altered by the court. Secondly, there is no dispute as to the retainer. As I observed earlier, the Respondent did not file any replying papers so that the facts alleged by the Applicant remain uncontested.
4. In the result, I do allow the application and enter judgment for the Applicant in the sum of Kshs.152 508/= together with costs of the application and interest thereon at the rate of 12% p.a. from date of taxation until payment in full.. A decree of the taxed amount shall follow as a matter of course.
It is so ordered.
Dated and delivered at Nairobi this 17th day of October, 2008.
R.N. SITATI
JUDGE
Delivered in the presence of:
………………………………………. For the Applicant
……………………………………….For the Respondent