[2022] KEHC 1139 (KLR)

[2022] KEHC 1139 (KLR)

The court found that the certificate of taxation dated 20/4/2021 had not been challenged by the respondent, rendering it final and conclusive. Consequently, the applicant was entitled to judgment for the taxed sum of Ksh. 164,517 with interest at court rates from the date of taxation until payment in full....

Source-derived case information.

Citation
[2022] KEHC 1139 (KLR)
Parties
Applicant: Joe Ngigi & Co. Advocates; Respondent: Xplico Insurance Co. Ltd
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Case 65 of 2020
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Judgment entered for the applicant for the taxed sum with interest and costs assessed.
Judges
CA Otieno
Legal Topics
Taxation of Costs, Certificate of Taxation, Advocate Client Costs
Source Language
en
Civil Procedure Taxation of Costs Certificate of Taxation Advocate Client Costs

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Parties

Joe Ngigi & Co. Advocates

Applicant

Xplico Insurance Co. Ltd

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the certificate of taxation dated 20/4/2021 has been challenged by the respondent.
  2. 2 Whether judgment should be entered for the advocate/applicant based on the unchallenged certificate of taxation.
  3. 3 Whether the advocate is entitled to costs of the proceedings arising out of taxation.

Ratio Decidendi

The court found that the certificate of taxation dated 20/4/2021 had not been challenged by the respondent, rendering it final and conclusive. Consequently, the applicant was entitled to judgment for the taxed sum of Ksh. 164,517 with interest at court rates from the date of taxation until payment in full. Additionally, since the matter arose out of taxation and no bill of costs could be lodged for further taxation, the court exercised its discretion to assess and award the advocate costs of the proceedings in the sum of Kshs. 15,000.

Court Disposition

Judgment entered for the applicant for the taxed sum with interest and costs assessed.

Orders

  • Judgment is entered for the advocate/applicant against the respondent in the sum of Ksh. 164,517 with interest at court rates from the date of taxation until payment in full.
  • The advocate/applicant is awarded costs of the proceedings assessed at Kshs. 15,000.