[2025] KEHC 5528 (KLR)
The court found that the certificate of costs dated 19/2/2025, in the sum of Kshs 160,335/=, had not been set aside, altered, or appealed against. Under section 51(2) of the Advocates Act, this entitled the advocate to judgment for the certified amount. The application was unopposed, and the court was satisfied that...
Source-derived case information.
- Citation
- [2025] KEHC 5528 (KLR)
- Parties
- Applicant: Joe Ngigi & Company Advocates LLP; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E135 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Motion for Judgment on Certificate of Costs
- Outcome
- judgment for applicant
- Judges
- A Mabeya
- Legal Topics
- Advocate Client Costs, Certificate of Costs, Judgment Entry, Unopposed Application
- 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 Unopposed Motion for Judgment on Certificate of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment on the certificate of costs under section 51(2) of the Advocates Act.
- 2 Whether the certificate of costs has been set aside, altered, or appealed against.
Ratio Decidendi
The court found that the certificate of costs dated 19/2/2025, in the sum of Kshs 160,335/=, had not been set aside, altered, or appealed against. Under section 51(2) of the Advocates Act, this entitled the advocate to judgment for the certified amount. The application was unopposed, and the court was satisfied that the requirements of the law had been met. Accordingly, judgment was entered for the applicant for the sum certified in the certificate of costs, together with interest and the costs of the motion.
Court Disposition
judgment for applicant
Orders
- Judgment is entered for the applicant in the sum of Kshs 160,335/=.
- The applicant is awarded interest on the sum of Kshs 160,335/=.
Full Case Text
Judgment text and source record
20 paragraphs
Joe Ngigi & Company Advocates LLP v Trident Insurance Company Limited (Miscellaneous Civil Application E135 of 2023) [2025] KEHC 5528 (KLR) (5 May 2025) (Ruling)
Neutral citation: [2025] KEHC 5528 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E135 of 2023
A Mabeya, J
May 5, 2025
Between
Joe Ngigi & Company Advocates LLP
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. By a Motion on Notice dated 26/3/2025, the Advocate sought Judgment against the Client for Kshs 160,335/= under a Certificate of Costs. The Motion was brought under section 51(2) of the Advocates Act.
2. Although the application was served as evidenced in the Affidavit of service of Timothy Maxwell Oyomera of 25/4/2025, the same was not responded to. The same is unopposed but the Court has to satisfy itself that the Motion is merited.
3. I have considered the Supporting Affidavit of Joseph N. Ngigi sworn on 26/3/2025. It is clear that the Advocate acted for the respondent in KSM CMCC No E326 of 2020 – Achieng Otieno Dickson v Meshack Kitonga Muthama. A Certificate of Costs dated 19/2/2025 certified the costs at Kshs 160,335/=.
4. It is averred that the said Certificate has not been appealed against, altered or set aside. Under Section 51(2) of the Advocates Act, an Advocate is entitled to judgment on a Certificate of Costs that has not been altered, varied or set aside.
5. In this regard, the Certificate dated 19/2/2025 not having been set aside or varied, Judgment is hereby entered for the Advocate in the sum of Kshs 160,335/= together with interest thereon and Costs of Kshs 15,000/= in respect of the Motion.It is so ordered and file closed.
DATED AND DELIVEREDAT KISUMU THIS 5TH DAY OF MAY, 2025. A. MABEYA, FCI ArbJUDGE