[2019] KEHC 2409 (KLR)
The court found that the applicant had obtained certificates of taxation in eleven matters, that the respondent was properly served with both the certificates and the application for judgment, and that there was no opposition from the respondent. The court held that, in the absence of any challenge to the...
Source-derived case information.
- Citation
- [2019] KEHC 2409 (KLR)
- Parties
- Applicant: Kinyanjui Njuguna & Company Advocates; Respondent: Invesco Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 95 & 142 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment entered for applicant for taxed costs plus interest; no costs awarded on the applications
- Judges
- JK Mulwa
- Legal Topics
- Taxation of Costs, Advocate Client Relationship, Enforcement of Certificates of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyanjui Njuguna & Company Advocates
Applicant
Invesco 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 based on the certificates of taxation issued in its favour.
- 2 Whether the respondent was properly served with the application and hearing notice.
- 3 Whether interest and costs should be awarded on the taxed sums.
Ratio Decidendi
The court found that the applicant had obtained certificates of taxation in eleven matters, that the respondent was properly served with both the certificates and the application for judgment, and that there was no opposition from the respondent. The court held that, in the absence of any challenge to the certificates of taxation or the application, and in accordance with Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the amounts certified as taxed costs. The court further found that interest was payable at the court rate from the date of the ruling until payment in full. The court also consolidated the related applications and applied the same reasoning to...
Court Disposition
judgment entered for applicant for taxed costs plus interest; no costs awarded on the applications
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs.1,734,055 plus interest at court rates from the date of the ruling until payment in full in Misc. App. No. 142 of 2019.
- Judgment entered for the applicant against the respondent in the sum of Kshs.2,140,491 plus interest at 14% per annum from the date of the ruling until payment in full in Misc. App. No. 95 of 2019.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAKURU
MISCL. APPLICATION NO. 142 OF 2019 & NO. 95 OF 2019
IN THE MATTER OF THE ADVOCATES ACT, CAP 16
AND
IN THE MATTER OF TAXATION OF COSTS BETWEEN ADVOCATE AND CLIENT
BETWEEN
KINYANJUI NJUGUNA & COMPANY
ADVOCATES..........................................................................APPLICANT
-VERSUS-
INVESCO ASSURANCE CO. LTD................................RESPONDENT
RULING
1. Kinyanjui Njuguna & Company Advocates are the Applicants in the application dated 12th June 2019.
At all material times the said law firm were instructed and acted for Invesco Assurance Company in numerous court cases.
2. In eleven (11) such court cases, the said firm filed its Advocate-client Bill of costs which were taxed in its absence after the taxing officer was satisfied of service to the company.
The certificates of Taxation were served upon the Respondent, Invesco Assurance Company Limited on diverse dates.
I have confirmed from the Deputy Registrar of this court, Ms. Nancy Makau being the taxing officer that indeed she issued the certificates of taxation in the eleven(11) cases listed herewith.
3. The applicant, by its application which is premised in Order 50 rule 1 of the CPR and Section 51(2) of the Advocates Act and Paragraph 7 of the Advocates (Remuneration)order seeks that
1. -Spend
2. That the Honourable court be pleased to consolidate the 10 applications listed thereto with this application.
3. And pursuant to the prayer No. 2 above, the court be pleased to enter judgment for the sum of Kshs.1,734,055/= being the sum total of the certificates of taxation in the 11(eleven) matters. It also seeks costs and interest at 14% from 15th May 2017 until payment in full.
4. I am satisfied that the respondent was served with this application and the hearing notice. An affidavit of service was filed on the 5th July 2019 shows that the respondent received the Notice of Motion on the 24th June 2019 by stamping and signing on the same.
5. There being no opposition, and the court being satisfied that the application is properly grounded in law, I enter judgment for the Applicant against the Respondent in terms of the certificates of taxations in the sum of Kshs.1,734,055/= plus interest at court rates from the date of this ruling until payment in full.
6. This ruling shall apply in Nakuru High Court Misc. App. No.95 of 2019, thus judgment is entered for the Applicant against the Respondent herein in the sum of Kshs.2,140,491/= plus interest at 14% per annum from the date of the ruling until payment in full.
No costs are awarded on the applications.
Delivered, Signed and Dated at Nakuru this 26th Day of September 2019.
.......................................
J.N. MULWA
JUDGE