[2024] KEHC 12853 (KLR)
The court found that the applicant had established that costs were taxed in its favour at Kshs.129,440.00 and a certificate of taxation was issued. The respondent, despite being served with the application and hearing notice, failed to file any response or challenge the certificate of taxation. There was no dispute...
Source-derived case information.
- Citation
- [2024] KEHC 12853 (KLR)
- Parties
- Applicant: Kinyua & Maingi & Co. Advocates; Respondent: Trident Insurance Co. Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E012 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Notice of Motion for Judgment on Certified Costs
- Outcome
- application allowed; judgment entered for applicant for certified costs, costs of application, and interest
- Judges
- DO Chepkwony
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment Entry, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua & Maingi & Co. Advocates
Applicant
Trident Insurance Co. Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion for Judgment on Certified Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the certified costs taxed in its favour against the respondent.
- 2 Whether the respondent has failed to settle the taxed costs despite service and issuance of a certificate of taxation.
- 3 Whether the application should be allowed as unopposed due to lack of response from the respondent.
Ratio Decidendi
The court found that the applicant had established that costs were taxed in its favour at Kshs.129,440.00 and a certificate of taxation was issued. The respondent, despite being served with the application and hearing notice, failed to file any response or challenge the certificate of taxation. There was no dispute as to the retainer or the amount due. In the absence of opposition and in accordance with Section 51(2) of the Advocates Act, the court held that the applicant was entitled to judgment for the certified costs, together with costs of the application and interest on the taxed sum.
Court Disposition
application allowed; judgment entered for applicant for certified costs, costs of application, and interest
Orders
- Judgment is entered in favour of the applicant against the respondent for Kshs.129,440.00 being the certified costs due.
- 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
19 paragraphs
Kinyua & Maingi & Co. Advoctes v Trident Insurance Co. Limited (Miscellaneous Application E012 of 2024) [2024] KEHC 12853 (KLR) (16 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12853 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E012 of 2024
DO Chepkwony, J
October 16, 2024
Between
Kinyua & Maingi & Co. Advoctes
Applicant
and
Trident Insurance Co. Limited
Respondent
Ruling
1. This is a ruling in respect of a Notice of Motion application dated 28th August, 2024 in which the Applicant is seeking for orders that:-a.Judgment be entered in favour of the Applicant against the Respondent for the sum of Kenya Shillings One Hundred and Twenty-Nine Thousand, Four Hundred and Forty Shillings (Kshs.129,440. 00) only being the certified costs due to the Applicant as against the Respondent.b.That the Respondent to pay to the Applicant the costs of this application together with interest on the taxed sum.
2. The application is premised on the grounds set out on its face and Supporting Affidavit sworn by Njoki Kinyua on even date, the gist of it being that despite the Advocate-Client costs having been taxed at Kenya Shillings One Hundred and Twenty-Nine Thousand, Four Hundred and Forty Shillings (Kshs.129,440. 00) in favour of the Applicant as against the Respondent and a Certificate of Taxation issued to that effect, the Respondent has neglected , refused and or failed to settle the same. The Applicant avers that there has been no dispute that the Respondent retained him as their advocate in the matter.
3. The Respondent has not filed a response despite having been served with the said pleadings and hearing Notice as evidenced by the Affidavit of Service sworn by Simon Mutinda James on 13th September, 2024. Therefore, the application be and is hereby deemed as unopposed.
4. As a result thereof, the court proceeds to allow the Notice of Motion application dated 28th August, 2024 in the following terms:-a.Judgment be and is hereby entered in favour of the Applicant against the Respondent for the sum One Hundred and Twenty-Nine Thousand, Four Hundred and Forty Shillings (Kshs.129,440. 00) only being the certified costs due to the Applicant as against the Respondent.b.That the Respondent to pay to the Applicant the costs of this application together with interest on the taxed sum.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 16TH DAY OF OCTOBER, 2024. (UPLOADED VIA ELECTRONIC MAIL)D. O. CHEPKWONYJUDGE