[2020] KEHC 855 (KLR)
The court found that the applicant's bill of costs had been duly taxed and certified, and the respondent, despite being served, failed to file any response or pay the certified sums. There was no dispute as to the amount or entitlement. The court held that, in the absence of any challenge or payment by the...
Source-derived case information.
- Citation
- [2020] KEHC 855 (KLR)
- Parties
- Applicant: Kinyanjui Njuguna & Co. Advocates; Respondent: Invesco Insurance Co. Ltd; Respondent: Jamii Bora Bank
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 32 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs and Garnishee Orders
- Outcome
- judgment for the applicant for taxed costs, interest, and costs of the application
- Judges
- RB Ngetich
- Legal Topics
- Taxation of Costs, Garnishee Orders, Enforcement of Judgments, Advocate Remuneration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyanjui Njuguna & Co. Advocates
Applicant
Invesco Insurance Co. Ltd
Respondent
Jamii Bora Bank
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs and Garnishee Orders
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as certified by the court.
- 2 Whether the respondent's failure to pay the certified costs justifies entry of judgment and garnishee orders.
- 3 Whether interest and costs should be awarded to the applicant.
Ratio Decidendi
The court found that the applicant's bill of costs had been duly taxed and certified, and the respondent, despite being served, failed to file any response or pay the certified sums. There was no dispute as to the amount or entitlement. The court held that, in the absence of any challenge or payment by the respondent, the applicant was entitled to judgment for the certified costs. The court further ordered that interest be paid at the court rate from 30 days after service of the bill of costs, and awarded costs of the application to the applicant. The consolidation of the related files was previously allowed, and judgment was entered for the total sum claimed across all files.
Court Disposition
judgment for the applicant for taxed costs, interest, and costs of the application
Orders
- Judgment entered for the applicant against the respondent for KES 1,119,900.
- Interest at court rate of 14% to be calculated from 30 days after 24th April 2019.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
MISC.APPL NO. 32 OF 2019
KINYANJUI NJUGUNA & CO. ADVOCATES..............DECREE/ HOLDER
VERSUS
INVESCO INSURANCE CO.LTD...............................JUDGMENT/ DEBTOR
AND
JAMII BORA BANK.......................................................................GARNISHEE
RULING
1. This is a ruling on application dated 25th October 2019. It seeks: -
a. Prayer 1 & 2 spent.
b. Judgment for kshs 1,119,900 made up as follows: -
i. Nakuru Misc. Application no.20 of 2019…. kshs 77,850
ii. Nakuru Misc. Application no.22 of 2019…. kshs 121,885
iii. Nakuru Misc. Application no.25 of 2019…. kshs 139,150
iv. Nakuru Misc. Application no.26 of 2019…. kshs 197,150
v. Nakuru Misc. Application no.32 of 2019…. kshs 152,015
vi. Nakuru Misc. Application no.124 of 2019…. kshs 118,200
vii. Nakuru Misc. Application no.127 of 2019…. kshs 163,625
viii. Nakuru Misc. Application no.129 of 2019…. kshs 150,025
c. That interest be provided at 14 %.
d. That costs of the application be provided.
2. The application is supported by affidavit sworn by Kinyanjui Theuri sworn on 25th October 2019. He averred that the applicant’s bill of costs has been taxed and that the respondent never filed response to the said bill of costs and certificate of costs have since been drawn, signed and issued.
3. The applicant averred that the respondent has neglected and/or failed to pay legal fees despite demand and notice being issued.
4. Further that the Advocate is legally entitled to fees and the respondent does not dispute the fees, that if the Court fails to grant orders sought, the applicant is likely to suffer gross prejudice as the financial liquidity of the respondent is in question.
5. The respondent failed to file response to this application. Prayer 2 seeking to consolidate the above 8 files was allowed on 29th January 2020.
6. I have perused the certificates attached to the supporting affidavits and confirm that certification of taxation was issued in respect of the above files. I also note that the respondent was served with the bill of costs on 24th April 2019. I have no reason not to enter judgment for certified costs as prayed. I therefore enter judgment for taxed costs in all the 8 consolidated files.
7. FINAL ORDER
1. Judgment is entered for the applicants against the respondent for a sum of kshs 1,119,900.
2. Interest at court’s rate of 14 days to be calculated from 30 days after 24th April 2019.
3. Costs of this application to the applicants.
Ruling dated, signed and delivered via zoom at Nakuru This 17th day of December, 2020
......................................
RACHEL NGETICH
JUDGE
In the presence of:
Jennifer - Court Assistant
Ms. Odhiambo counsel for the Applicants
No appearance for the Respondents