[2006] KEHC 1452 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued, which had not been set aside or varied. The retainer was not disputed, and the respondent had failed to pay the taxed amount despite demand. Under section 51(2) of the Advocates Act, the applicant was entitled to...
Source-derived case information.
- Citation
- [2006] KEHC 1452 (KLR)
- Parties
- Applicant: Kamunyori & Company Advocates; Respondent: Cannon Assurance (K) Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 78 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed sum plus interest and costs
- Judges
- MM Kasango
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Interest on Judgment Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamunyori & Company Advocates
Applicant
Cannon Assurance (K) Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed amount as per the certificate of taxation.
- 2 Whether the applicant is entitled to interest on the taxed amount from the specified date.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued, which had not been set aside or varied. The retainer was not disputed, and the respondent had failed to pay the taxed amount despite demand. Under section 51(2) of the Advocates Act, the applicant was entitled to judgment for the certified sum. The court further held that the applicant was entitled to interest at 9% per annum from 13th May 2006 until payment in full, as well as costs of the application. The orders sought were therefore merited and granted as prayed.
Court Disposition
application allowed; judgment entered for applicant for taxed sum plus interest and costs
Orders
- Judgment is entered for the applicant against the respondent for KES 54,891.
- The respondent shall pay the applicant 9% interest per annum on KES 54,891 from 13th May 2006 until payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Misc Appli 78 of 2006
KAMUNYORI & COMPANY ADVOCATES ………...........................................................…...…..APPLICANT
VERSUS
CANNON ASSURANCE (K) LIMITED………........................................................….………..RESPONDENT
R U L I N G
The applicant by its Notice of Motion dated 24th May 2006 seeks for judgment for taxed amount plus 9% interest.
The applicant has come under section 51 (2) of the Advocates Act.
The application is based on the grounds that;
· the bill of costs herein was on 28th March 2006 taxed by the Deputy Registrar in the sum of kshs 54, 891 in favour of the applicant;
· that the certificate of taxation was issued on 10th April 2006;
· the said certificate of taxation has not been altered or varied or set aside by the court since the date of issue;
· the retainer is not disputed;
· despite the applicant’s demand the respondent had failed, refused or ignored to pay the taxed amount.
The court having considered the arguments raised on behalf of the applicant and having considered the application is of the view that the order sought are merited.
Accordingly the court grants the following orders: -
(1)That judgment is hereby entered for the applicant was against the respondent for the sum of kshs 54, 891/-.
(2)That the respondent is hereby ordered to pay the applicant an additional 9% interest on the amount of kshs 54, 891/- which interest shall apply from 13th May 2006 until payment in full.
(3)The applicant is granted leave to execute for the judgment entered herein.
(4)That the applicant is granted costs of the Notice of Motion dated 24th May 2006.
MARY KASANGO
JUDGE
Dated and delivered this 31st July 2006.
MARY KASANGO
JUDGE