[2025] KEHC 16864 (KLR)
The court found that the applicant had obtained certificates of taxation for costs in each of the consolidated matters, and that the respondent, despite being duly served, had neither challenged the certificates nor filed any response or submissions. Applying Section 51(2) of the Advocates Act, the court held that...
Source-derived case information.
- Citation
- [2025] KEHC 16864 (KLR)
- Parties
- Applicant: Kinyua & Maingi Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E304 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment on Taxed Costs
- Outcome
- Judgment entered for the applicant for the taxed costs in each matter; costs of the applications awarded to the applicant.
- Judges
- JWW Mong'are
- Legal Topics
- Taxation of Costs, Entry of Judgment, Advocate Client 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 Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment for the taxed costs as per the certificate of taxation.
- 2 Whether the respondent's failure to respond or file submissions affects the outcome of the application.
Ratio Decidendi
The court found that the applicant had obtained certificates of taxation for costs in each of the consolidated matters, and that the respondent, despite being duly served, had neither challenged the certificates nor filed any response or submissions. Applying Section 51(2) of the Advocates Act, the court held that the advocate is entitled to judgment for the taxed costs where the certificate of taxation has not been set aside or altered. Accordingly, judgment was entered for the applicant for the respective taxed amounts in each matter, with costs of the applications also awarded to the applicant.
Court Disposition
Judgment entered for the applicant for the taxed costs in each matter; costs of the applications awarded to the applicant.
Orders
- Judgment is entered for the applicant for Kshs. 72,358 in Misc Appl. No. E304 of 2023.
- Judgment is entered for the applicant for Kshs. 179,836 in Misc Appl. No. E305 of 2023.
Full Case Text
Judgment text and source record
21 paragraphs
Kinyua & Maingi Advocates v Trident Insurance Company Limited (Miscellaneous Application E304, E305, E306 & E307 of 2023 (Consolidated)) [2025] KEHC 16864 (KLR) (Commercial and Tax) (6 February 2025) (Ruling)
Neutral citation: [2025] KEHC 16864 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Miscellaneous Application E304, E305, E306 & E307 of 2023 (Consolidated)
JWW Mong'are, J
February 6, 2025
Between
Kinyua & Maingi Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. The Advocate/ Applicant has filed applications in the above matters dated 23rd October 2023 pursuant to Section 51(2) of the Advocates Act seeking for entry of judgment for the taxed amount of costs and the Certificate of Taxation issued pursuant to the same.
2. The Applications were duly served upon the Client/Respondent on two separate occasions and affidavit of service to confirm the same has been filed. The Client/ Respondent has to date not filed any response and did not file any submission.
3. The Advocate has filed its written submissions which I have considered.
4. In Misc Appl. No. E304 of 2023 - Kinyua & Maingi Advocates versus Trident Insurance Company, the taxed costs are Kshs.72,358/=; Misc Appl. No. E305 of 2023- Kinyua & Maingi Advocates versus Trident Insurance Company, the taxed costs are Kshs.179,836/=; Misc Appl. No. E306 of 2023- Kinyua & Maingi Advocates versus Trident Insurance Company, the taxed costs are Kshs.49,256/=; Misc Appl. No. E307 of 2023 - Kinyua & Maingi Advocates versus Trident Insurance Company, the taxed costs are Kshs.121,456/=.
5. I accordingly enter judgment for the Advocate as prayed in the said Applications. Costs of these applications are awarded to the Advocate.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 6TH DAY OF FEBRUARY 2025………………………………..J.W.W. MONGAREJUDGEIn the Presence of:-1. Ms. Kinyua for the Advocate/Applicant.2. N/A for the Client/Respondent.3. Amos- Court Assistant