[2025] KEHC 6279 (KLR)
The court held that since the certificate of taxation dated 25.7.2024 for Kshs 23,445/= has not been set aside or altered, and there is no dispute as to retainer, judgment should be entered for the applicant in accordance with Section 51(2) of the Advocates Act. The court found that the applicant had complied with...
Source-derived case information.
- Citation
- [2025] KEHC 6279 (KLR)
- Parties
- Applicant: Joe Ngigi & Co. Advocates LLP; Respondent: Trident Insurance Co. Limited
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E024 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest
- Judges
- DKN Magare
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation, 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 Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on a certificate of taxation that has not been set aside or altered.
- 2 Whether interest should be awarded on the taxed sum from the date specified.
Ratio Decidendi
The court held that since the certificate of taxation dated 25.7.2024 for Kshs 23,445/= has not been set aside or altered, and there is no dispute as to retainer, judgment should be entered for the applicant in accordance with Section 51(2) of the Advocates Act. The court found that the applicant had complied with all procedural requirements, including service of the bill of costs and other processes. The absence of opposition from the respondent further supported the grant of the orders sought. The court also awarded interest on the taxed sum effective from 25.8.2024.
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest
Orders
- Judgment is entered for the applicant against the respondent in terms of the certificate of costs dated 25.7.2024 for Kshs 23,445/=.
- Interest on the sum of Kshs 23,445/= is awarded effective 25.8.2024.
Full Case Text
Judgment text and source record
21 paragraphs
Joe Ngigi & Co. Advocates LLP v Trident Insurance Co. Limited (Miscellaneous Civil Application E024 of 2023) [2025] KEHC 6279 (KLR) (20 March 2025) (Ruling)
Neutral citation: [2025] KEHC 6279 (KLR)
Republic of Kenya
In the High Court at Nyeri
Miscellaneous Civil Application E024 of 2023
DKN Magare, J
March 20, 2025
Between
Joe Ngigi & Co. Advocates LLP
Applicant
and
Trident Insurance Co. Limited
Respondent
Ruling
1. This is a Ruling over a Miscellaneous Application dated 8. 8.2024. The Applicant sought relief that judgment be entered for the Applicant against the Respondent in the sum of Kshs 23,445/= being the sum taxed and certified by the Deputy Registrar on 25. 7.2024 as due to the Applicant with interest thereon.
2. The application arose from the Advocate/Client Bill of Costs dated 7. 6.2023. Be it as may, the Court has already assessed costs at a specific figure, that is, Kshs 23,445/=.
3. The application is expressed to be brought under Section 51(2) of the Advocates Act. The said Section 51(2) of the Advocates Act provides thus:Pursuant to the provisions of Section 2 of the Advocates Act -“’Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.”
4. As a fact after filing of the Notice of Motion dated 8. 8.2024, there does not appear to be active participation of the Respondent. In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate [2006] eKLR it was held: -Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit…
5. The Applicant has done his part, serving the bill of costs, and other processes. I find no reason to disallow the application.
Determination 6. I therefore make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 25. 7.2024 for Kshs 23,445/=.b.Interest thereon is awarded effective 25. 8.2024.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 20TH DAY OF MARCH, 2025. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of: -Mr. Kering for the ApplicantNo appearance for the RespondentCourt Assistant – Michael