[2019] KEHC 4944 (KLR)
The court found that the applicant had obtained certificates of taxation in 33 matters, which were duly served on the respondent. The respondent was also properly served with the application and hearing notice but failed to oppose the application. The court was satisfied that the application was properly grounded in...
Source-derived case information.
- Citation
- [2019] KEHC 4944 (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 329 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant as prayed
- Judges
- JK Mulwa
- Legal Topics
- Taxation of Costs, Advocate Client Bills, Certificate of Taxation, Judgment Entry
- 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 Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the sum certified in the certificates of taxation for 33 matters.
- 2 Whether the respondent was properly served with the application and hearing notice.
- 3 Whether the application is properly grounded in law and unopposed.
Ratio Decidendi
The court found that the applicant had obtained certificates of taxation in 33 matters, which were duly served on the respondent. The respondent was also properly served with the application and hearing notice but failed to oppose the application. The court was satisfied that the application was properly grounded in law, specifically under Section 51(2) of the Advocates Act and Order 50 rule 1 of the Civil Procedure Rules. In the absence of any opposition and upon confirmation of the certificates of taxation, the court allowed the application and entered judgment for the sum certified, together with costs and interest as prayed.
Court Disposition
application allowed; judgment entered for applicant as prayed
Orders
- The 32 applications are consolidated with the present application.
- Judgment is entered for the applicant for Kshs. 7,058,452 being the sum total of the certificates of taxation in the 33 matters.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAKURU
MISCL. APPLICATION NO. 329 OF 2018
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
Kinyanjui Njuguna & Company Advocates are the Applicants in the application dated 23rd April 2019.
At all material times the said law firm were instructed and acted for Invesco Assurance Company in numerous court cases.
In 33 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, being the taxing officer that indeed she issued the certificates of taxation in the 33 cases listed herewith.
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 32 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.7,058,452/= being the sum total of the certificates of taxation in the 33 matters. It also seeks costs and interest at 14% from 5th May 2017 until payment in full.
I am satisfied that the respondent was served with this application and the hearing notice. An affidavit of service sworn on the 2nd May 2019 and filed on the 2nd May 2019 shows that the respondent received the Notice of Motion on the 25th April 2019 by stamping and signing on the same.
There being no opposition to grant of the said orders, and being satisfied that the application is properly grounded in law, I allow the application dated the 23rd April 2019 in terms of prayers 2, 3 and 4.
It is so ordered.
Delivered, Signed and Dated at Nakuru this 18th Day of July 2019.
J.N. MULWA
JUDGE