[2024] KEHC 10333 (KLR)
The court found that the applicant, having obtained a Certificate of Taxation for the advocate-client costs and the respondent having failed to oppose the application or demonstrate any reason why judgment should not be entered, was entitled to judgment for the certified sum. The application was unopposed, and the...
Source-derived case information.
- Citation
- [2024] KEHC 10333 (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 E057 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, Taxation of Costs, Certificate of Taxation
- 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 taxed against the respondent.
- 2 Whether the respondent is liable to pay interest and costs of the application.
Ratio Decidendi
The court found that the applicant, having obtained a Certificate of Taxation for the advocate-client costs and the respondent having failed to oppose the application or demonstrate any reason why judgment should not be entered, was entitled to judgment for the certified sum. The application was unopposed, and the applicant had complied with the requirements of Section 51(2) of the Advocates Act. There being no challenge to the certificate or the process, the court allowed the application in full, granting judgment for the taxed costs, interest, and 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. 103,688 being the certified costs.
- The respondent shall pay the applicant the costs of this application.
Full Case Text
Judgment text and source record
21 paragraphs
Kinyua & Maingi Advocates v Trident Insurance Company Limited (Miscellaneous Application E057 of 2023) [2024] KEHC 10333 (KLR) (31 July 2024) (Ruling)
Neutral citation: [2024] KEHC 10333 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E057 of 2023
GMA Dulu, J
July 31, 2024
N THE MATTER OF THE ADVOCATES ACT, CAP 16 AND IN THE MATTER OF TAXATION OF ADVOCATE – CLIENT COSTS
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 One Hundred and Three Thousand, Six Hundred and Eighty Eight (Kshs. 103,688/=) 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. E055 of 2021 – Chrispine Mkala Mwambingu =Vs= Mohammed Basomo, and 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