[2025] KEHC 5486 (KLR)
The court found that the applicant had established entitlement to judgment for the taxed costs as evidenced by the unchallenged Certificate of Taxation dated 19/2/2025. The respondent, though served, did not oppose the motion. There was no evidence that the Certificate of Taxation had been altered, varied, or set...
Source-derived case information.
- Citation
- [2025] KEHC 5486 (KLR)
- Parties
- Applicant: Joe Ngigi & Co Advocates LLP; Respondent: Trident Insurance Co Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E136 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Motion for Judgment Under Section 51(2) of the Advocates Act
- Outcome
- Judgment entered for the applicant for Kshs.131,814 with interest at court rate and costs of Kshs.15,000. File closed.
- Judges
- A Mabeya
- Legal Topics
- Advocate Remuneration, Certificate of Taxation, Unopposed Motion, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joe Ngigi & Co Advocates LLP
Applicant
Trident Insurance Co Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Motion for Judgment Under Section 51(2) of the Advocates Act
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the Certificate of Taxation.
- 2 Whether the Certificate of Taxation has been altered, varied, or set aside.
Ratio Decidendi
The court found that the applicant had established entitlement to judgment for the taxed costs as evidenced by the unchallenged Certificate of Taxation dated 19/2/2025. The respondent, though served, did not oppose the motion. There was no evidence that the Certificate of Taxation had been altered, varied, or set aside. Accordingly, the court held that the applicant was entitled to judgment for the sum certified, together with interest at court rates and costs for the motion.
Court Disposition
Judgment entered for the applicant for Kshs.131,814 with interest at court rate and costs of Kshs.15,000. File closed.
Orders
- Judgment is entered for the applicant for Kshs.131,814 together with interest at court rate.
- The respondent shall pay costs of Kshs.15,000 for the motion.
Full Case Text
Judgment text and source record
20 paragraphs
Joe Ngigi & Co Advocates LLP v Trident Insurance Co Limited (Miscellaneous Civil Application E136 of 2023) [2025] KEHC 5486 (KLR) (5 May 2025) (Ruling)
Neutral citation: [2025] KEHC 5486 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E136 of 2023
A Mabeya, J
May 5, 2025
Between
Joe Ngigi & Co Advocates LLP
Applicant
and
Trident Insurance Co Limited
Respondent
Ruling
1. This is a ruling on the Motion dated 26/3/2025 by the Advocate. It is brought under Section 51(2) of the Advocates Act. It seeks Judgment to be entered for Kshs.131,814/=.
2. Although the respondent was served as shown by the Affidavit of Service of Timothy Maxwell Oyomera sworn on 25/4/2025 that is on record, there was no response thereto. The Motion therefore not opposed.
3. Be that as it may, the Court must satisfy itself that the Motion has merit. I have considered the Supporting Affidavit of Joseph N. Ngigi. There is evidence that the amount sought is in respect of legal fees for acting in KSM CMCC No. E336 of 2021 – Salim Ochieng Omolo vs Arthur Brian Evusa. There is a Certificate of Taxation dated 19/2/2025.
4. The said Certificate is said not to have been altered, varied or set aside. Accordingly, the claim is justified.
5. In this regard, Judgment be and is hereby entered for the applicant for Kshs.131,814/= together with interest at Court rate with Costs of Kshs.15,000/= for the Motion.It is so ordered and file closed.
DATED AND DELIVERED AT KISUMU THIS 5TH DAY OF MAY, 2025. A. MABEYA, FCI ArbJUDGE