[2020] KEHC 10333 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued. The respondent was duly served with the application but failed to file any response or opposition. In the absence of any challenge to the certificate of taxation or the application, and in accordance with the...
Source-derived case information.
- Citation
- [2020] KEHC 10333 (KLR)
- Parties
- Applicant: Kinyanjui Njuguna & Co. Advocates; Respondent: Africa Merchant Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 210 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed as prayed
- Judges
- WA Okwany
- Legal Topics
- Taxation of Costs, Advocate Remuneration, Judgment on Certified 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
Kinyanjui Njuguna & Co. Advocates
Applicant
Africa Merchant Assurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment in terms of the certificate of taxation dated 15th November 2019.
- 2 Whether interest at 14% per annum from 19th April 2018 until payment in full should be awarded.
- 3 Whether the respondent was properly served and failed to oppose the application.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued. The respondent was duly served with the application but failed to file any response or opposition. In the absence of any challenge to the certificate of taxation or the application, and in accordance with the Advocates Remuneration Order and the Civil Procedure Rules, the applicant was entitled to judgment in the sum certified, together with interest as prayed. The court was satisfied that the application was merited and allowed it as prayed.
Court Disposition
application allowed as prayed
Orders
- Judgment entered in favour of the applicant in terms of the certificate of taxation dated 15th November 2019 for Kshs 196,326.
- Interest at 14% per annum from 19th April 2018 until payment in full.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
MISCELLANEOUS APPLICATION NO. 210 OF 2019
KINYANJUI NJUGUNA & CO. ADVOCATES.............ADVOCATE/APPLICANT
-VERSUS-
AFRICA MERCHANT ASSURANCE CO. LTD...............CLIENT/RESPONDENT
RULING
1. Through the application dated 6th February 2020 the applicant seeks the following orders: -
1. That the honourable court be pleased to enter judgment in favour of the applicant herein, in terms of the certificate of taxation dated 15th November 2019 in the sum of Kshs 196,326/- (One hundred and ninety-six thousand three hundred and twenty-six).
2. That subject to prayer 1, the honourable court be pleased to issue a decree/judgment above for Kshs 196,326/- plus interest be provided for at 14% per annum from 19th April 2018 until payment in full.
3. That the cost of the application be provided for.
2. The application is supported by the advocates affidavit dated 6th February 2020 and is premised on the grounds that: -
1. That the applicant’s bill of costs dated 4th June 2019 in the above captioned matter has since been taxed.
2. That the respondent never filed any response to the said bill of costs notwithstanding service.
3. That pursuant to paragraph 1 herein certificate of taxation dated 15th November 2019 has since been drawn signed and issued.
4. That the respondent has continually neglected and/or failed to pay legal fees duly earned despite demand and notice by the applicant.
5. That the respondent is facing a liquidity crisis and the recovery of funds is in jeopardy.
6. That the instant application is necessitated by the fact, the financial liquidity of the respondent is unknown vis-à-vis in question.
7. That an advocate is legally entitled to fees duly earned in the course of service line with the advocate Remuneration order.
8. That the respondent does not dispute the fees.
9. That the instant application is made in the sole interest of justice and in due realization of legal fees earned by the applicant.
10. That if the court fails to grant the orders sought herein the applicant is likely to suffer gross prejudice, as the financial liquidity of the respondent is in question.
11. That the applicant is entitled to the judgment/decree/interest.
3. When the matter came up for hearing on 22nd October 2020, Mr. Onyango for the applicant intimated to the court that the application was not opposed as the respondent had not filed any response despite proper service. He therefore urged the court to allow the application as prayed.
4. I have perused the application together with the supporting affidavit and I am satisfied that it is merited.
5. A perusal of the affidavit of service dated 15th October 2020 indicates that the respondent was duly served with the instant application.
6. I therefore allow the application dated 6th February 2020 as prayed.
Dated, signed and delivered via Microsoft Teams at Nairobi this 26th day of November 2020in view of the declaration of measures restricting court operations due to Covid -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.
W. A. OKWANY
JUDGE
In the presence of:
Mr. Muturi for Onyango for applicant.
No appearance for respondent
Court Assistant: Silvia