[2025] KEHC 6165 (KLR)
The court found that the applicant had demonstrated it was instructed by the respondent, rendered professional services, and obtained a Certificate of Taxation for Ksh.78,242/-. The respondent did not oppose the application or challenge the retainer or the taxation. Under Section 51(2) of the Advocates Act, the...
Source-derived case information.
- Citation
- [2025] KEHC 6165 (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 Application E162 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Certified Costs
- Outcome
- application allowed; judgment entered for applicant for certified costs with interest; no order as to costs of the application
- Judges
- JM Omido
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Judgment on Certified 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 Notice of Motion for Judgment on Certified Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the certified costs as per the Certificate of Taxation.
- 2 Whether interest should be awarded on the taxed sum from the date of the certificate until payment in full.
- 3 Whether costs of the application should be awarded given the lack of opposition.
Ratio Decidendi
The court found that the applicant had demonstrated it was instructed by the respondent, rendered professional services, and obtained a Certificate of Taxation for Ksh.78,242/-. The respondent did not oppose the application or challenge the retainer or the taxation. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the certified sum where there is no dispute as to retainer or the amount taxed. The court therefore entered judgment for the applicant for the taxed sum, with interest at 14% per annum from the date of the certificate until payment in full. No order as to costs was made for the application itself, as it was unopposed.
Court Disposition
application allowed; judgment entered for applicant for certified costs with interest; no order as to costs of the application
Orders
- Judgment is entered in favour of the applicant against the respondent for Ksh.78,242/- as per the Certificate of Taxation dated 9th December, 2022.
- The sum of Ksh.78,242/- shall attract interest at 14% per annum from 9th December, 2022 until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
Joe Ngigi & Company Advocates LLP v Trident Insurance Company Limited (Miscellaneous Application E162 of 2022) [2025] KEHC 6165 (KLR) (25 April 2025) (Ruling)
Neutral citation: [2025] KEHC 6165 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E162 of 2022
JM Omido, J
April 25, 2025
Between
Joe Ngigi & Company Advocates LLP
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. This ruling results from the Advocate/Applicant’s Notice of Motion dated 24th April, 2024, brought Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya and seeks the following orders:a.That judgement be entered in favour of the Applicant against the Respondent for the sum of Ksh.78,242/- being the certified costs due to the Applicant as against the Respondent.b.That the Respondent does pay the costs of this application together with interest on the taxed sum.
2. The grounds upon which the application is premised are in precis That the Respondent instructed the Appellant to act for it in Winam PMCC No. E142 of 2021 and That the Applicant professionally executed the Respondents instructions.
3. The Respondent subsequently failed to settle the Applicant’s legal fees which then resulted in the Applicant filing its bill of costs That was subsequently taxed by the Taxing Master at Ksh.78,242/- and a Certificate of Taxation of Costs issued to That effect on 9th December, 2022. The costs remain unsettled.
4. The application is supported by the affidavit of Joseph N. Ngigi, Advocate, the proprietor of the Applicant law firm sworn on 24th April, 2024. The affidavit, to which is annexed inter alia the Certificate of Taxation of Costs, expounds on the above grounds.
5. Service of the application and the hearing notice thereof was effected upon the Respondent to the satisfaction of this court. The Respondent does not oppose the application.
6. Having perused the application, the affidavit in support thereof and the record in its entirety, I am satisfied that the Applicant has demonstrated that it was instructed by and represented the Respondent in the above matter and that the Applicant’s costs as determined by the Taxing Master remain unsettled.
7. Having said as much, the application has merit and I will proceed to allow it in the following terms:a.That judgement is hereby entered in favour of the Applicant against the Respondent for the sum of Ksh.78,242/- as per the Certificate of Taxation of Costs issued herein dated 9th December, 2022. b.That the above sum shall attract interest at the rate of 14% per annum from 9th December, 2022 until payment in full.c.That as the Notice of Motion dated 24th April, 2024 was not opposed, I make no orders as to costs in respect thereof.
DELIVERED (VIRTUALLY), DATED AND SIGNED THIS 25TH APRIL, 2025. JOE M. OMIDOJUDGEFor The Applicant: Ms. Njeri for Mr. Kering.For The Repondent: No appearance.Court Assistant: Mr. Ngoge & Mr. Juma.