[2022] KEHC 1143 (KLR)

[2022] KEHC 1143 (KLR)

The court found that the certificate of taxation dated 20/4/2021 had become final and conclusive, as there was no evidence of it being set aside or altered. Consequently, under Section 51(2) of the Advocates Act and the Advocates Remuneration Order, the applicant was entitled to judgment for the taxed amount. The...

Source-derived case information.

Citation
[2022] KEHC 1143 (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 Application 64 of 2020
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for applicant
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 is final and conclusive for purposes of entering judgment.
  2. 2 Whether the applicant is entitled to judgment for the taxed amount and further costs.

Ratio Decidendi

The court found that the certificate of taxation dated 20/4/2021 had become final and conclusive, as there was no evidence of it being set aside or altered. Consequently, under Section 51(2) of the Advocates Act and the Advocates Remuneration Order, the applicant was entitled to judgment for the taxed amount. The court further assessed and awarded additional costs for the proceedings, as no further bill of costs could be taxed in the matter. Judgment was therefore entered for the applicant for the taxed sum, interest at court rates, and additional costs.

Court Disposition

judgment for applicant

Orders

  • Judgment is entered for the advocate/applicant against the client/respondent in the sum of Kshs. 106,953 with interest at court rates from the date of taxation until payment in full.
  • The applicant is awarded Kshs. 15,000 as costs of the proceedings.