[2006] KEHC 2460 (KLR)
The court found that the applicant was duly instructed by the respondent, as evidenced by the lack of a replying affidavit and the consent to taxation. There was no dispute as to retainer or the quantum of costs. Under Section 51(2) of the Advocates Act, the certificate of taxation is final regarding the amount due....
Source-derived case information.
- Citation
- [2006] KEHC 2460 (KLR)
- Parties
- Applicant: Kantai & Co. Advocates; Respondent: Kenya Bus Services Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Civil Suit 867 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for applicant
- Judges
- MM Kasango
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kantai & Co. Advocates
Applicant
Kenya Bus Services Ltd
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 costs as per the certificate of taxation.
- 2 Whether there is any dispute as to retainer or quantum of costs.
- 3 Whether interest should be awarded on the taxed sum.
Ratio Decidendi
The court found that the applicant was duly instructed by the respondent, as evidenced by the lack of a replying affidavit and the consent to taxation. There was no dispute as to retainer or the quantum of costs. Under Section 51(2) of the Advocates Act, the certificate of taxation is final regarding the amount due. The court therefore entered judgment for the applicant for the taxed sum and awarded interest at 9% per annum from the date of taxation until payment in full, in accordance with Rule 7 of the Advocates (Remuneration) Order. Costs of the application were also awarded to the applicant.
Court Disposition
judgment for applicant
Orders
- Judgment entered for the applicant for Kshs.71,108.80.
- The sum shall attract interest at 9% per annum from 8th December 2005 until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Misc 867 of 2005
KANTAI & CO. ADVOCATES …………..……...…………..APPLICANT
VERSUS
KENYA BUS SERVICES LTD …………………..….….RESPONDENT
RULING
On 8th December 2005, the Advocate/Client Bill of Costs was taxed by consent of the parties thereto. Subsequent to the said taxation, the learned taxing officer issued a certificate of taxation, in the sum of Kshs.71,108/80.
The advocates have now moved this court by way of a Notice of Motion which was expressed as having been made pursuant to the provisions of Section 51 (1) and (2) of the Advocates Act, as read together with Order 50 rules 1, 2 and 3.
By the supporting affidavit of Sankale Ole Kantai, the advocates have stated that they had been instructed by the client, who is the respondent herein, to represent them in CMCC No. 13429 of 2003, Bernard Njoroge Karungo –vs- Kenya Bus Services Limited.
Copies of the Plaint and the Defence in those proceedings have also been annexed to the supporting affidavit.
As there has been no replying affidavit, there is no doubt that the advocates had been duly instructed.
Secondly, as the taxation was also done with the consent of the client, I am satisfied that there is no dispute as to retainer, in this matter.
Accordingly, pursuant to the provisions of Section 51 (2) of the Advocates Act, the certificate of costs is deemed to be final on the issue of the quantum of such costs. Therefore, in exercise of the authority conferred on this court, by the provisions of the said section, I hereby order that judgment be entered in favour of the applicant, for the sum of Kshs.71,108/80.
Furthermore, I direct that the said sum shall attract interest at the rate of 9% per annum form 8th December 2005, until payment in full. This award of interest is in accordance with rule 7 of the Advocates (Remuneration) Order.
Finally, the costs of the application are awarded to the applicant.
FRED A. OCHIENG
JUDGE
Dated and Delivered at Nairobi this 24th day of May 2006.
M. KASANGO
JUDGE