[2023] KEHC 21939 (KLR)
The court found that the applicant had acted for the respondent, filed a Bill of Costs, and obtained a Certificate of Taxation for Kshs 93,900, which was not challenged or set aside. The respondent was served with the application but failed to respond or attend court. Section 51(2) of the Advocates Act makes the...
Source-derived case information.
- Citation
- [2023] KEHC 21939 (KLR)
- Parties
- Applicant: Joe Ngigi & Company Advocates LLP; Respondent: Kenyan Alliance Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E245 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for certified costs, interest, and costs of application
- Judges
- PN Gichohi
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joe Ngigi & Company Advocates LLP
Applicant
Kenyan Alliance Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the certified costs as per the Certificate of Taxation.
- 2 Whether interest on the taxed costs is payable and from what date.
- 3 Whether the respondent has any valid objection to the Certificate of Taxation.
Ratio Decidendi
The court found that the applicant had acted for the respondent, filed a Bill of Costs, and obtained a Certificate of Taxation for Kshs 93,900, which was not challenged or set aside. The respondent was served with the application but failed to respond or attend court. Section 51(2) of the Advocates Act makes the certificate final unless set aside, and there were no proceedings to set it aside. The court also found that the applicant was entitled to interest at 14% per annum from 30 days after service of the application, as provided by the Advocates (Remuneration) Order. Accordingly, judgment was entered for the applicant for the certified sum with interest and costs.
Court Disposition
application allowed; judgment entered for applicant for certified costs, interest, and costs of application
Orders
- Judgment entered in favour of the applicant against the respondent in the sum of Kshs 93,900 with interest at 14% per annum calculable after 30 days from service of the application until payment in full.
- The applicant is at liberty to execute the judgment against the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
Joe Ngigi & Company Advocates LLP v Kenyan Alliance Insurance Company Limited (Miscellaneous Civil Application E245 of 2022) [2023] KEHC 21939 (KLR) (27 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21939 (KLR)
Republic of Kenya
In the High Court at Kisii
Miscellaneous Civil Application E245 of 2022
PN Gichohi, J
July 27, 2023
Between
Joe Ngigi & Company Advocates Llp
Applicant
and
Kenyan Alliance Insurance Company Limited
Respondent
Ruling
1. The Applicant has moved this court by way of a Notice of Motion dated January 16, 2023 brought under Section 51 (2) of the Advocates Act. The Advocate /Applicant seeks orders that judgment be entered his favour for the sum of Kshs 93,900/= being the certified costs due to the Applicant against the Respondent. He also seeks costs of this application together with interest on the taxed sum from the date of taxation.
2. In the affidavit sworn on January 16, 2023 by Joseph N. Ngigi , the Applicant states that after the Respondent instructed him to act for the Defendant in Kisii CMCC No 735 of 2021 Japhet Nyagoe Maroko v Peter Okero Nyatara . The Respondent failed to pay the Applicant his legal fees thus necessitating the Applicant to file a Bill of Costs dated October 18, 2022. The Bill was taxed and a Certificate of Costs duly issued. The Respondent refused and /or neglected to pay and hence this application.
Determination 3. I have considered this application and the annextures thereto which confirm that there is a Certificate of Taxation for Kshs 93,900/= dated January 10, 2023. From the Court record and annextures thereto, the Applicant duly acted for the Respondent in the above stated case.
4. The Applicant filed the Advocate/Client Bill of Costs dated October 18, 2022 and a notice was duly served on the Respondent but he did not respond or attend court for the taxation. The Bill was therefore not challenged.
5. Though served with this application, the Respondent did not file any response and did not attend court. The Certificate of Costs has not been set aside and there are no outstanding proceedings to set it aside.
6. Section 51 (2) of the Advocates Act provides that:“The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
7. In the circumstances, this Certificate of Taxation dated January 10, 2023 is therefore final and, in the circumstances, the Applicant should be allowed to enjoy the fruits of his labour.
8. Further, paragraph 7 of the Advocates (Remuneration) Order provides that:“An advocate may charge interest at 14 per cent per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, provided that such claim for interest is raised before the amount of the bill shall have been paid or tendered in full.”
9. The application dated 1January 6, 2023 is allowed in the following terms:-1. Judgment be and is hereby entered in favour of the Applicant as against the Respondent in the sum of Kshs 93,900/= together with interest thereon at fourteen (14%) per cent per annum calculable after Thirty (30) days from the date when this application was served upon the Respondent until payment in full.2. The Applicant is at liberty to execute the same as against the Respondent.3. Costs are awarded to the Applicant.
DATED, SIGNED AND DELIVERED THROUGH MICROSOFT TEAMS AT KISII THIS 27TH DAY OF JULY , 2023. PATRICIA GICHOHIJUDGEIn the presence of:N/A for Advocate/ApplicantN/A for the Client/RespondentKevin Isindu, Court Assistant