[2024] KEHC 9086 (KLR)
The court held that the applicant is entitled to judgment for the sum certified in the certificate of taxation, as the respondent did not challenge or set aside the certificate and was properly served. Section 51(2) of the Advocates Act makes the certificate final as to the amount unless set aside or altered. The...
Source-derived case information.
- Citation
- [2024] KEHC 9086 (KLR)
- Parties
- Applicant: Kinyua & Maingi Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E007 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant
- Judges
- M Thande
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation, Interest on 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 Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the sum certified in the certificate of taxation.
- 2 Whether interest at 14% per annum is chargeable on the taxed costs from one month after delivery of the bill to the client.
- 3 Whether the respondent was properly served and failed to respond.
Ratio Decidendi
The court held that the applicant is entitled to judgment for the sum certified in the certificate of taxation, as the respondent did not challenge or set aside the certificate and was properly served. Section 51(2) of the Advocates Act makes the certificate final as to the amount unless set aside or altered. The applicant is also entitled to interest at 14% per annum from one month after delivery of the bill, as provided by Paragraph 7 of the Advocates Remuneration Order, since the claim for interest was raised before payment and evidence of service was provided. The application was therefore merited and judgment was entered for the applicant for the taxed sum, interest, and costs.
Court Disposition
application allowed; judgment entered for applicant
Orders
- Judgment is entered in favour of the applicant against the respondent in the sum of Kshs. 96,730 as per the certificate of taxation dated 24.5.24.
- Interest at 14% per annum is awarded from 23.3.24 until payment in full.
Full Case Text
Judgment text and source record
24 paragraphs
Kinyua & Maingi Advocates v Trident Insurance Company Limited (Miscellaneous Application E007 of 2024) [2024] KEHC 9086 (KLR) (29 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9086 (KLR)
Republic of Kenya
In the High Court at Malindi
Miscellaneous Application E007 of 2024
M Thande, J
July 29, 2024
Between
Kinyua & Maingi Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. By an application dated 27. 6.24, the Applicant Kinyua & Maingi Advocates seeks that judgment be entered in its favour against Trident Insurance Company Limited, the Respondent in the sum of Kshs. 96,730/= as per the certificate of taxation dated 24. 5.24. The Applicant also seeks costs and interest on the taxed sum.
2. The certificate of costs was issued pursuant to the taxation of an Advocate/ Client bill of costs dated 26. 1.24 arising from Malindi CMCC No. E34 of 2022 Elias Chinene Nyawa v Nippon Imports Limited & Morris Karithi.
3. The Respondent though served did not file a response.
4. The jurisdiction of this Court to enter judgment for the sum certified to be due to an advocate upon taxation of a bill of costs is contained in the Advocates Act and the Advocates Remuneration Order. Section 51(2) of the Advocates Act provides as follows:The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.
5. The certificate of taxation that was issued by the taxing officer in favour of the Applicant herein has neither been set aside nor altered by the Court. As per the foregoing provision, the certificate of costs is final as to the amount contained therein. Section 51(2) empowers the Court to make such order as it thinks fit, including an order that judgment be entered for the sum certified to be due with costs.
6. Paragraph 7 of the Advocates Remuneration Order allows an advocate to charge interest on his costs and disbursements as follows:An advocate may charge interest at 14 per cent per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, provided that such claim for interest is raised before the amount of the bill shall have been paid or tendered in full.
7. The rate of interest which an advocate may charge is set at 14% per annum. This interest is chargeable from the expiration of 1 month from delivery by the advocate of the bill to his client. There is a rider however. The claim for interest must be raised before the amount of the bill is paid in full.
8. In the present case, there is an affidavit of service indicating that the Respondent was served with the notice of taxation and bill of costs. There is also evidence that the Respondent accepted service on 23. 2.24 by stamping and signing the notice as well as the bill of costs. The Applicant is therefore entitled to charge interest from the expiration of one month from the delivery of his bill to the Respondent.
9. In view the foregoing, the Court finds that the Application dated 27. 6.24 is merited. Judgment is hereby entered in favour of the Applicant as against the Respondent in the sum of Kshs. 96,730/= as per the certificate of taxation dated 24. 5.24 together with interest at 14% per annum from 23. 3.24. The Applicant shall have costs.
DATED, SIGNED AND DELIVERED IN MALINDI THIS 29TH DAY OF JULY 2024. ............................................M. THANDEJUDGE