[2025] KEHC 4232 (KLR)
The court held that since the applicant's costs had been taxed and certified by the Deputy Registrar, and there was no evidence of any dispute as to retainer or the amount, nor any participation or objection from the respondent, the requirements of Section 51(2) of the Advocates Act were satisfied. The court found...
Source-derived case information.
- Citation
- [2025] KEHC 4232 (KLR)
- Parties
- Applicant: Joe Ngigi & Company Advocates LLP; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E023 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs and interest
- Judges
- DKN Magare
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation, Judgment Entry on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joe Ngigi & Company Advocates LLP
Applicant
Trident Insurance Company 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 against the respondent for the sum certified in the certificate of costs.
- 2 Whether the applicant is entitled to interest on the taxed costs from the date specified.
Ratio Decidendi
The court held that since the applicant's costs had been taxed and certified by the Deputy Registrar, and there was no evidence of any dispute as to retainer or the amount, nor any participation or objection from the respondent, the requirements of Section 51(2) of the Advocates Act were satisfied. The court found no reason to disallow the application and exercised its discretion to enter judgment for the applicant for the sum certified in the certificate of costs, together with interest from the specified date.
Court Disposition
application allowed; judgment entered for applicant for taxed costs and interest
Orders
- Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 25.7.2024 for Ksh. 23,445/=.
- Interest on the sum of Ksh. 23,445/= is awarded effective 25.8.2024.
Full Case Text
Judgment text and source record
21 paragraphs
Joe Ngigi & Company Advocates LLP v Trident Insurance Company Limited (Miscellaneous Civil Application E023 of 2023) [2025] KEHC 4232 (KLR) (17 March 2025) (Ruling)
Neutral citation: [2025] KEHC 4232 (KLR)
Republic of Kenya
In the High Court at Nyeri
Miscellaneous Civil Application E023 of 2023
DKN Magare, J
March 17, 2025
Between
Joe Ngigi & Company Advocates LLP
Applicant
and
Trident Insurance Company 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, Ksh. 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 RustamHira 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 Ksh. 23,445/=.b.Interest thereon is awarded effective 25. 8.2024.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 17TH DAY OF MARCH, 2025. Judgment delivered through Microsoft Teams Online Platform.KIZITO MAGAREJUDGEIn the presence of: -Mr. Obwoche for the ApplicantNo appearance for the RespondentCourt Assistant – Michael