[2024] KEHC 10312 (KLR)
The court found that the applicant had established its claim by producing a Certificate of Taxation for the sum of Kshs. 267,595, which had not been challenged or set aside. The respondent, despite being served, failed to oppose the application or appear in court. In the absence of any opposition and in accordance...
Source-derived case information.
- Citation
- [2024] KEHC 10312 (KLR)
- Parties
- Applicant: Kinyua & Maingi Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E055 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certified Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the certified costs, with interest and costs of the application.
- Judges
- GMA Dulu
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment on Certified Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua & Maingi Advocates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certified Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the certified costs as against the respondent under Section 51(2) of the Advocates Act.
- 2 Whether the respondent is liable to pay interest and costs of the application.
Ratio Decidendi
The court found that the applicant had established its claim by producing a Certificate of Taxation for the sum of Kshs. 267,595, which had not been challenged or set aside. The respondent, despite being served, failed to oppose the application or appear in court. In the absence of any opposition and in accordance with Section 51(2) of the Advocates Act, the court was satisfied that the applicant was entitled to judgment for the certified costs, together with interest and the costs of the application.
Court Disposition
Application allowed. Judgment entered for the applicant for the certified costs, with interest and costs of the application.
Orders
- Judgment is entered in favour of the applicant against the respondent for Kshs. 267,595 being the certified costs.
- The respondent shall pay the applicant the costs of this application together with interest on the taxed sum.
Full Case Text
Judgment text and source record
20 paragraphs
Kinyua & Maingi Advocates v Trident Insurance Company Limited (Miscellaneous Application E055 of 2023) [2024] KEHC 10312 (KLR) (31 July 2024) (Ruling)
Neutral citation: [2024] KEHC 10312 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E055 of 2023
GMA Dulu, J
July 31, 2024
Between
Kinyua & Maingi Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. Before me is an application by way of Notice of Motion dated 16th November 2023 filed under Section 51(2) of the Advocates Act (Cap.16) by the applicant/advocate and seeks the following orders:-1. That judgment be entered in favour of the applicant against the respondent for the sum of Kenya Shillings Two Hundred and Sixty Seven Thousand, Five Hundred and Ninety Five (Kshs. 267,595/=) only being the certified costs due to the applicant as against the respondent.2. That the respondent does pay to the applicant the costs of this application together with interest on the taxed sum.
2. The application has grounds on the face of the Notice of Motion and was filed with a supporting affidavit sworn by Njoki Kinyua Advocate on 16th November 2023 in which it was deponed that the applicant were the instructed advocates who acted for the respondent herein in Voi CMCC No. E105 of 2022 – Moses Mutahi Githinji =Vs= Mohammed Ali the respondent having failed to pay advocates fees, the Bill of Costs was taxed. Annexed to the affidavit is a ruling and reasons for taxation, as well as a Certificate of Taxation.
3. The application, though served, the respondent neither entered appearance, nor responded to the same.
4. The application not being opposed, I have no reason not to allow the same.
5. I thus allow the application and grant all the prayers sought.
DATED, SIGNED AND DELIVERED THIS 31ST DAY OF JULY, 2024 IN OPEN COURT AT VOI VIRTUALLY.GEORGE DULUJUDGEIn the presence of:-Alfred/Trizah – Court AssistantsMs. Kinyua for applicant/advocateNo appearance for client