[2008] KEHC 303 (KLR)
The court held that since the certificate of taxation had neither been set aside nor altered and the application was unopposed, the applicant was entitled to judgment for the taxed sum. The absence of a reference or opposition indicated that the respondent did not dispute the retainer or the amount taxed. Therefore,...
Source-derived case information.
- Citation
- [2008] KEHC 303 (KLR)
- Parties
- Applicant: J.K. Kibicho & Co. Advocates; Respondent: Inoi Farmers Co-operative Society Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 279 of 2007
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for the applicant
- Judges
- AT Sitati
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Entry of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.K. Kibicho & Co. Advocates
Applicant
Inoi Farmers Co-operative Society Ltd
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether judgment should be entered for the applicant for the taxed costs as per the certificate of taxation.
- 2 Whether interest should be awarded on the taxed amount from the date of taxation until payment in full.
- 3 Whether the respondent should bear the costs of the application.
Ratio Decidendi
The court held that since the certificate of taxation had neither been set aside nor altered and the application was unopposed, the applicant was entitled to judgment for the taxed sum. The absence of a reference or opposition indicated that the respondent did not dispute the retainer or the amount taxed. Therefore, judgment was entered for the applicant for Kshs.141,800/= with interest at 12% per annum from the date of taxation until payment in full, and the respondent was ordered to bear the costs of the application.
Court Disposition
judgment for the applicant
Orders
- Judgment entered for the applicant for Kshs.141,800/=.
- Interest awarded at 12% per annum from the date of taxation until payment in full.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Misc. Appli. 279 of 2007
J.K. KIBICHO & CO. ADVOCATES……………………..………APPLICANT
VERSUS
INOI FARMERS CO-OPERATIVE SOCIETY LTD…………RESPONDENT
J U D G M E N T
1. By an application brought by way of Notice of Motion under Section 51(2)of the Advocates Act, Cap 16 Laws of Kenya and Order 50 Rule 1 of the Civil Procedure Rules, the advocate-applicant prays for ORDERS:-
(i)THAT judgment be entered for the Applicant for Kshs.141800/= as per the ruling delivered on the 14th January 2008.
(ii)THAT there be interest on the taxed amount from date of taxation until payment in full.
(iii)THAT this Honourable Court be pleased to issue a decree for taxed amount.
(iv)THAT the Respondent do bear the costs of this application.
2. The application is premised on the grounds that (a) the Advocate-Client Bill of Costs was taxed on the 14/01/2008 in the sum of Kshs.141,800/= and (b) the said orders have not been set aside and/or altered. The application is also supported by the sworn affidavit of Leah W. MuchiriAdvocate, dated 8/07/2008 in which she affirms the grounds in support of the application and also says that no reference has been filed against the decision of the taxing officer.
3. The Respondents who were duly served did not file any replies to the application. What then is the fate of the Applicant’s application? Under Section 51(2) of the Advocate’s Act, this court has power to make an order that judgment be entered for the sum certified to be due unless the certificate of the taxing officer has either been set aside or altered by an order of the court. In the instant case the certificate of the taxing officer has neither been set aside not altered by the court. Further, the application is not opposed which means that the respondents do not dispute the retainer.
4. In the circumstances, I have no option but to find and hold that the Applicant is entitled to the orders sought. Accordingly, I enter judgment for the Applicant as against the Respondents in the sum of Kshs.141,800/= with interest thereon at the rate of 12% per annum from the date of taxation until payment in full. The costs of this application shall be borne by the Respondent.
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