[2024] KEHC 5516 (KLR)
The court found that the applicant was entitled to judgment for the sum certified in the certificate of taxation, as the certificate had not been set aside or altered and there was no dispute as to retainer. The court relied on Section 51(2) of the Advocates Act and relevant case law, holding that this is a lawful...
Source-derived case information.
- Citation
- [2024] KEHC 5516 (KLR)
- Parties
- Applicant: Kiarie Kariuki t/a Kiarie Kariuki & Co. Advocates; Respondent: The Monrach Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E003 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest
- Judges
- DKN Magare
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiarie Kariuki t/a Kiarie Kariuki & Co. Advocates
Applicant
The Monrach Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on a certificate of taxation that has not been set aside or altered.
- 2 Whether interest is payable on the taxed costs and from what date.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the sum certified in the certificate of taxation, as the certificate had not been set aside or altered and there was no dispute as to retainer. The court relied on Section 51(2) of the Advocates Act and relevant case law, holding that this is a lawful mode of recovery of taxed costs. Interest was awarded at court rates effective 30 days after the date of certification, in accordance with the Advocates Remuneration Order.
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest
Orders
- Judgment is entered for the applicant against the respondent for Ksh. 199,080 as per the Certificate of Costs dated 17th August 2023.
- Interest is awarded at court rates effective 17th September 2023.
Full Case Text
Judgment text and source record
21 paragraphs
Kiarie Kariuki t/a Kiarie Kariuki & Co. Advocates v Monrach Insurance Company Limited (Miscellaneous Application E003 of 2023) [2024] KEHC 5516 (KLR) (21 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5516 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application E003 of 2023
DKN Magare, J
May 21, 2024
Between
Kiarie Kariuki t/a Kiarie Kariuki & Co. Advocates
Applicant
and
The Monrach Insurance Company Limited
Respondent
Ruling
1. This is a Ruling over a Miscellaneous Application dated 23/10/2023 seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs. 199,080/= being the sum taxed and certified by the Deputy Registrar on 15th June 2023 as due to the Applicant with interest thereon.
2. The Application arose from the Advocate/Client Bill of Costs dated 10th January 2023 at Ksh. 199,080/=.
3. The Application is expressed to be brought under Section 51 (1) of the Advocates Act and paragraph 7 of the Advocates Remuneration Order. The said Section 51(2) of the Advocates Act provides thus:Pursuant to the provisions of Section 2 of the Advocates Act -“Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.”
4. The jurisdiction of this court was dealt with in the case of Kalonzo Musyoka & Paul M. Wambua (Practicing as Musyoka & Wambua, Advocates) v Rustam Hira (Practicing as Rustam Hira, Advocate) [2006] eKLR, where it was held: -“Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit.”
5. I find and hold that the Application is merited and is accordingly allowed. Interest shall be applied effective 30 days of certification.
Determinationa.I therefore make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent Ksh.199, 080/= as per the Certificate of Costs dated 17th August 2023. b.Interest thereon is awarded at court rates effective 17th September 2023.
RULING DATED,SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 21ST DAY OF MAY, 2024. KIZITO MAGAREJUDGEIn the presence of:-M/s Layoo for the ApplicantNo appearance for the RespondentCourt Assistant - Brian