[2024] KEHC 1887 (KLR)
The court found that the applicant had obtained a certificate of taxation for Kshs. 131,304.50, and the respondent, despite being given an opportunity, did not oppose the application for entry of judgment. Under Section 51(2) of the Advocates Act and the relevant provisions of the Advocates Remuneration Order, the...
Source-derived case information.
- Citation
- [2024] KEHC 1887 (KLR)
- Parties
- Applicant: Kiarie Kariuki T/A Kiarie Kariuki & Company Advocates; Respondent: The Monarch Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E034 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for taxed costs, interest, and costs of the application.
- Judges
- GMA Dulu
- Legal Topics
- Advocates Costs, Certificate of Taxation, Entry of Judgment, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiarie Kariuki T/A Kiarie Kariuki & Company Advocates
Applicant
The Monarch Insurance Company 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 costs as per the certificate of taxation.
- 2 Whether interest at 16% per annum from 9th February 2023 is payable on the taxed sum.
- 3 Whether the respondent should bear the costs of the application.
Ratio Decidendi
The court found that the applicant had obtained a certificate of taxation for Kshs. 131,304.50, and the respondent, despite being given an opportunity, did not oppose the application for entry of judgment. Under Section 51(2) of the Advocates Act and the relevant provisions of the Advocates Remuneration Order, the court is empowered to enter judgment for the taxed costs where there is no dispute as to retainer or the amount taxed. The applicant was also entitled to interest at 16% per annum from 9th February 2023, being the date of the certificate of taxation, until payment in full. The court therefore granted the orders sought, including costs of the application to the applicant.
Court Disposition
Application allowed. Judgment entered for the applicant for taxed costs, interest, and costs of the application.
Orders
- Judgment is entered in favour of Kiarie Kariuki & Company Advocates against the respondent for Kshs. 131,304.50 together with interest at 16% per annum from 9th February 2023 until payment in full.
- The costs of this application will be borne by the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
Kariuki t/a Kiarie Kariuki & Company Advocates v Monarch Insurance Company Limited (Miscellaneous Application E034 of 2022) [2024] KEHC 1887 (KLR) (27 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1887 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E034 of 2022
GMA Dulu, J
February 27, 2024
Between
Kiarie Kariuki T/A Kiarie Kariuki & Company Advocates
Applicant
and
The Monarch Insurance Company Limited
Respondent
Ruling
1. Before me is a Notice of Motion dated 9th June 2023 filed by Kiarie Kariuki & Company Advocates under Section 51 (2) of the Advocates Act and paragraph 7 of the Advocates Remuneration Order (Cap.16) Laws of Kenya.
2. The application seeks entry of judgment in favour of the advocates firm for taxed costs, and interest at the rate of 16% per annum from 9th February 2023 until payment in full, together with costs.
3. The application has grounds on the face of the Notice of Motion that judgment was delivered in Voi SRMC No. 5 of 2018, on 26th September 2019, and that on 8th February 2023 the Taxing Officer assessed the Bill of Costs at the sum of Kshs. 131,304. 50 and a Certificate of Taxation issued in favour of the advocate.
4. The application was filed with a supporting affidavit sworn by Kiarie Kariuki on 9th June 2023 amplifying the grounds of the application.
5. Though on 5th October 2023 Mr. Onduso appeared for the respondents, and was given time to file a response to the application, no response has been filed to date.
6. The application herein thus not being opposed, I find no basis for not granting the orders sought.
7. Consequently, I allow the application and order as follows:-i.Judgment is hereby entered in favour of Kiarie Kariuki & Company Advocates against the respondent for the sum of Kshs. 131,304. 50 together with interest at the rate of 16% per annum from 9th day of February 2023 until payment in full.ii.The costs of this application will be borne by the respondent.
DATED, SIGNED AND DELIVERED THIS 27TH DAY OF FEBRUARY 2024 AT VOI IN OPEN COURT VIRTUALLY.GEORGE DULUJUDGEIn the presence of:-Alfred – Court AssistantMs. Layoo for applicantMr. Onduso for respondent