[2021] KEHC 1804 (KLR)
The court found that the applicant had obtained a certificate of taxation for Kshs 65,323, which had not been set aside or varied. The respondent, despite being served, failed to attend or oppose the application. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the amount...
Source-derived case information.
- Citation
- [2021] KEHC 1804 (KLR)
- Parties
- Applicant: Kihanga & Co. Advocates; Respondent: Xplico Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 72 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Application allowed as unopposed. Judgment entered for the applicant for Kshs 65,323 as taxed costs, with costs of the application to the applicant.
- 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
Kihanga & Co. Advocates
Applicant
Xplico Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the advocates for the taxed costs as per the certificate of taxation.
- 2 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 65,323, which had not been set aside or varied. The respondent, despite being served, failed to attend or oppose the application. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the amount certified as taxed costs. The court therefore allowed the application as unopposed and entered judgment for the applicant for the taxed sum, with costs of the application to be borne by the respondent.
Court Disposition
Application allowed as unopposed. Judgment entered for the applicant for Kshs 65,323 as taxed costs, with costs of the application to the applicant.
Orders
- Judgment is entered in favour of the applicant for Kshs 65,323 as taxed costs.
- The respondent shall bear the costs of this application.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
MISCELLANEOUS CIVIL APPLICATION NO. 72 OF 2017
KIHANGA & CO. ADVOCATES..............................................APPLICANT
-VERSUS-
XPLICO INSURANCE COMPANY LIMITED...................RESPONDENT
RULING
1. By way of a Notice of Motion dated 14th October, 2021, the Applicant which is a practicing law firm prays that judgment be entered in favour of the Advocates (Applicant) against the client (Respondent) for the sum of Kshs 65,323/= and that the costs of the application be borne by the client.
2. The application is brought under Section 51 (2) of theAdvocate’s ActCap 16 Laws of Kenya, Order 51 Rule 1 and 13 of the Civil Procedure Rules, Section 1A and 3A of the Civil Procedure Act and all other enabling provisions of the law.
3. The application is supported by the grounds on the face of it and the Affidavit of Kihanga Mwangi Advocate of the Applicant’s law firm sworn on 14th October, 2021. In summary, the Respondent was a client of the Applicant in Naivasha CMCC No. 765 of 2016. A Client/Advocate Bill of Costs was taxed at Kshs 65,323/= as per the Hon. Deputy Registrar’s Ruling dated 1st July, 2021. Pursuant thereto, a Certificate of Taxation dated 23rd September, 2021 was drawn.
4. The Respondent was served through its legal officer to come for the hearing of the application but failed to. In the circumstances, I have deemed the application herein as unopposed. Accordingly, the same is allowed with costs to the Applicant.
DATED AND DELIVERED THIS 25TH DAY OF NOVEMBER, 2021.
G. W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. N/A for the Applicant
2. N/A for the Respondent