[2006] KEHC 2120 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of costs issued, which had not been set aside or varied. The respondent did not dispute the retainer or challenge the certificate of costs. Under Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the...
Source-derived case information.
- Citation
- [2006] KEHC 2120 (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
- ? 998 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- judgment for applicant
- Judges
- MM Kasango
- Legal Topics
- Taxation of Costs, Advocate Client Bills, Certificate of Costs
- 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
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs under Section 51(2) of the Advocates Act.
- 2 Whether the respondent has disputed the retainer or the certificate of costs.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of costs issued, which had not been set aside or varied. The respondent did not dispute the retainer or challenge the certificate of costs. Under Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the taxed amount. The court therefore granted judgment for the sum of KES 234,792 with interest at 9% per annum from 28th April 2006 until payment in full, and awarded the applicant the costs of the Notice of Motion.
Court Disposition
judgment for applicant
Orders
- Judgment entered for KES 234,792 with interest at 9% per annum from 28th April 2006 until payment in full.
- Applicant awarded costs of the Notice of Motion dated 28th April 2006.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Misc Appli 998 of 2005
KAMUNYORI & COMPANY ADVOCATES ………......................…….....APPLICANT
VERSUS
CANNON ASSURANCE (K) LIMITED……………......................……RESPONDENT
R U L I N G
The applicant with the bill of costs had his bill taxed on 23rd February 2006 at the amount of kshs 234, 792/-. A certificate of costs was issued, thereof, on 24th March 2006. That certificate of costs has not been altered varied or set aside to date.
The applicant has moved this court by a Notice of Motion seeking judgment on the taxed amount under Section 51 (2) of the Advocates Act. The applicant stated that since retainer has not been disputed by the Respondent, the applicant was entitled to judgment as prayed.
I have considered the applicant’s application and the submissions of counsel in support and I do hereby find that the application is merited.
I accordingly grant the following orders: -
(1)That judgment be and is hereby entered for kshs 234, 792 with interest at the rate of 9% per annum from the 28th April 2006 until payment in full.
(2)The applicant is awarded costs of the Notice of Motion dated 28th April 2006.
MARY KASANGO JUDGE
Dated and delivered this 13th day of June 2006.
MARY KASANGO
JUDGE