[2024] KEELC 7248 (KLR)

[2024] KEELC 7248 (KLR)

The court found that the applicant had established a clear chronology of representation and taxation of costs in two matters involving the respondent. The applicant's bills of costs were taxed and certificates of taxation were issued for both, totaling Ksh. 1,585,501.19. The respondent did not file any response or...

Source-derived case information.

Citation
[2024] KEELC 7248 (KLR)
Parties
Applicant: Gideon Solonka Kilakoi t/a Solonka & Solonka Advocates LLP; Respondent: Kajiado County Government
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Miscellaneous Case E141 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant
Judges
LN Mbugua
Legal Topics
Advocate Client Costs, Taxation of Costs, Entry of Judgment on Certificate of Taxation
Source Language
en
Civil Procedure Commercial and Corporate Advocate Client Costs Taxation of Costs Entry of Judgment on Certificate of Taxation

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Parties

Gideon Solonka Kilakoi t/a Solonka & Solonka Advocates LLP

Applicant

Kajiado County Government

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for the taxed costs against the respondent.
  2. 2 Whether the court should enter judgment based on the certificates of taxation issued for the applicant's bills of costs.

Ratio Decidendi

The court found that the applicant had established a clear chronology of representation and taxation of costs in two matters involving the respondent. The applicant's bills of costs were taxed and certificates of taxation were issued for both, totaling Ksh. 1,585,501.19. The respondent did not file any response or challenge the application, the retainer, or the amounts taxed. Under Section 51(2) of the Advocates Act, the court is mandated to enter judgment for the amount certified in the absence of any dispute. Accordingly, the court allowed the application and entered judgment in favour of the applicant for the full sum claimed.

Court Disposition

application allowed; judgment entered for applicant

Orders

  • Judgment is entered in favour of the applicant Gideon Solonka Kilakoi t/a Solonka & Solonka Advocates LLP against the respondent Kajiado County Government in the sum of Ksh. 1,585,501.19 plus interest at court rates from the date of taxation.