[2005] KEHC 3282 (KLR)
The court found that the plaintiff had established, on a balance of probabilities, that the defendant owed Kshs 195,859.50 as the outstanding balance of taxed costs following the withdrawal of instructions and partial payment by the defendant. The defendant, having been served but failing to appear or contest the...
Source-derived case information.
- Citation
- [2005] KEHC 3282 (KLR)
- Parties
- Plaintiff: Justus Mulei Kituku t/a Kituku & Co. Advocates; Defendant: Kenya Knitting & Weaving Mills Co. Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 321 of 2005
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff for Kshs 195,859.50 with interest at court rate from the date of suit until payment in full. Defendant to pay costs of the suit.
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Debt Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Mulei Kituku t/a Kituku & Co. Advocates
Plaintiff
Kenya Knitting & Weaving Mills Co. Ltd.
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant is liable to pay the outstanding balance of Kshs 195,859.50 as taxed costs to the plaintiff.
- 2 Whether the plaintiff is entitled to interest on the outstanding amount from the date of taxation until payment in full.
- 3 Whether the plaintiff is entitled to costs of the suit.
Ratio Decidendi
The court found that the plaintiff had established, on a balance of probabilities, that the defendant owed Kshs 195,859.50 as the outstanding balance of taxed costs following the withdrawal of instructions and partial payment by the defendant. The defendant, having been served but failing to appear or contest the claim, left the plaintiff's evidence unchallenged. The court held that the plaintiff was entitled to judgment for the outstanding amount, interest at court rates from the date of suit until payment in full, and the costs of the suit.
Court Disposition
Judgment for the plaintiff for Kshs 195,859.50 with interest at court rate from the date of suit until payment in full. Defendant to pay costs of the suit.
Orders
- Judgment is entered for the plaintiff against the defendant for Kshs 195,859.50 with interest at court rate from the date of suit until payment in full.
- The defendant shall pay the plaintiff’s costs of this suit.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL DIVISION, MILIMANI
Civil Suit 321 of 2005
JUSTUS MULEI KITUKU T/A KITUKU & CO. ADVOCATES ………………………….….…PLAINTIFFVERSUSKENYA KNITTING & WEAVING MILLS CO. LTD.……..DEFENDANTJ U D G M E N T
The plaintiff has come by way of originating summons seeking orders that: -
· That the defendant/Respondent does pay and or deliver up kshs 195, 859. 50 pursuant to the taxation dated 9th March 2005.
· That the defendant/Respondent does pay interest on the amount owed to the plaintiff/applicant from the date of taxation till payment in full.
· That the costs for this suit be borne by the defendant/respondent. The plaintiff and the defendant had advocate client relationship. The defendant instructed the plaintiff to file a suit, namely HCCC NO. 34 of 2004 against Kenya Commercial Bank Limited. On the withdrawal of those instructions the plaintiff taxed an advocate/client bill of costs. The said bill was taxed on 9th march 2005 for kshs 1, 075, 859. 50.
The defendant has to date paid kshs 880, 000 towards those taxed costs leaving a balance of kshs 195, 859. 50.
The plaintiff prays for judgment for this amount as against the defendant. Although the defendant were served with the originating summons, they did not file an appearance and accordingly the matter proceeded to hearing by formal proof. The plaintiff has on a balance of probability proved its claim as prayed. The judgment of this court therefore is: -
1) That judgment is entered for the plaintiff against the defendant for kshs 195, 859. 50 with interest at court rate from the date of suit until payment in full.
2) The defendant shall pay the plaintiff’s costs of this suit.
Dated and delivered this 27th July 2005.
MARY KASANGO
JUDGE