[2025] KEHC 1906 (KLR)

[2025] KEHC 1906 (KLR)

The court found that the Advocate/Applicant had complied with the requirements of Section 51(2) of the Advocates Act by obtaining Certificates of Taxation for the respective matters. The applications for entry of judgment were properly served on the Respondent, who failed to file any response or submissions. There...

Source-derived case information.

Citation
[2025] KEHC 1906 (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 Advocate/Applicant for the taxed costs as certified in each application. Costs of the applications awarded to the Advocate.
Judges
JWW Mong'are
Legal Topics
Taxation of Costs, Certificate of Taxation, Entry of Judgment, Advocate Client Costs
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Certificate of Taxation Entry of Judgment Advocate Client Costs

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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. 1 Whether the Advocate is entitled to entry of judgment for the taxed costs as per the Certificate of Taxation.
  2. 2 Whether the Respondent's failure to respond or file submissions affects the application for judgment.

Ratio Decidendi

The court found that the Advocate/Applicant had complied with the requirements of Section 51(2) of the Advocates Act by obtaining Certificates of Taxation for the respective matters. The applications for entry of judgment were properly served on the Respondent, who failed to file any response or submissions. There being no challenge to the Certificates of Taxation, the court held that the Advocate was entitled to judgment for the taxed costs as prayed. The court accordingly entered judgment in favour of the Advocate for the amounts certified in each application and awarded costs of the applications to the Advocate.

Court Disposition

Judgment entered for the Advocate/Applicant for the taxed costs as certified in each application. Costs of the applications awarded to the Advocate.

Orders

  • Judgment is entered for the Advocate/Applicant for Kshs. 72,358 in Misc Appl. No. E304 of 2023.
  • Judgment is entered for the Advocate/Applicant for Kshs. 179,836 in Misc Appl. No. E305 of 2023.