[2018] KEHC 3477 (KLR)
The court found that the applicant's bill of costs had been taxed and certified, and the respondent's application to set aside the taxation had been dismissed. No opposition was filed to the application for entry of judgment, despite the respondent being granted time to do so. In the absence of any challenge to the...
Source-derived case information.
- Citation
- [2018] KEHC 3477 (KLR)
- Parties
- Applicant: Kamau Kinga & Company Advocates; Respondent: Grace Wanjiku Kabiaru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 11 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment After Taxation of Advocate Client Bill of Costs
- Outcome
- Application allowed; judgment entered for the applicant as prayed.
- Judges
- DN Musyoka
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Entry of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamau Kinga & Company Advocates
Applicant
Grace Wanjiku Kabiaru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment After Taxation of Advocate Client Bill of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as certified by the certificate of taxation.
- 2 Whether there is any valid opposition to the application for entry of judgment.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and certified, and the respondent's application to set aside the taxation had been dismissed. No opposition was filed to the application for entry of judgment, despite the respondent being granted time to do so. In the absence of any challenge to the certificate of taxation or the application, the court held that the applicant was entitled to judgment for the taxed amount with interest as prayed.
Court Disposition
Application allowed; judgment entered for the applicant as prayed.
Orders
- Judgment is entered in favour of the applicant for Kshs. 1,528,233.00 with interest thereon from 22nd September 2016 until payment in full.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. APPLICATION NO. 11 OF 2016
KAMAU KINGA & COMPANY ADVOCATES ........................ APPLICANT
VERSUS
GRACE WANJIKU KABIARU ................................................ RESPONDENT
RULING
1. I am invited, through the Motion dated 16th October 2017, to enter judgment in the sum of Kshs. 1, 528, 233. 00 with interest thereon from 22nd September 2016 until payment in full.
2. The application is brought at the instance of Michael Kamau Kinga, advocate. He swore an affidavit on 16th October 2017. He avers that an advocate/client bill of costs was taxed on 22nd September 2016 for Kshs. 1, 528, 233. 00. An application to the High Court to have the bill set aside was dismissed on 29th September 2017. No effort has been made to settle the matter amicably by the respondent, so he asks for judgment. He has attached to his affidavit a certificate of taxation dated 4th October 2017.
3. The matter of that application came up in open court on 8th February 2018. The respondent was represented at the court appearance and was granted 14th days to respond to the application. The matter was next in court on 24th May 2018. No reply had been filed to the application by then. Counsel appearing for the respondent pleaded for more time.
4. There is no opposition to the application dated 16th October 2017. I shall accordingly allow it as prayed.
DATED, SIGNED and DELIVERED at NAIROBI this 5th DAY OF October , 2018.
W. MUSYOKA
JUDGE