[2024] KEHC 15093 (KLR)
The court found that the applicant's costs had been duly taxed and certified by the taxing master, and that the respondent had not challenged the certificate of taxation, nor disputed the retainer. Section 51(2) of the Advocates Act provides that such a certificate is final as to the amount unless set aside or...
Source-derived case information.
- Citation
- [2024] KEHC 15093 (KLR)
- Parties
- Applicant: Kinyua Maingi & Company Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E034 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the certified taxed costs plus interest. Each party to bear its own costs of the application.
- Judges
- AK Ndung'u
- Legal Topics
- Taxation of Costs, Advocate Client Fees, Certificate of Taxation, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua Maingi & Company Advocates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant for the certified taxed costs against the respondent.
- 2 Whether the respondent has any valid dispute regarding the retainer or the amount taxed.
- 3 Whether the applicant is entitled to interest on the taxed sum.
Ratio Decidendi
The court found that the applicant's costs had been duly taxed and certified by the taxing master, and that the respondent had not challenged the certificate of taxation, nor disputed the retainer. Section 51(2) of the Advocates Act provides that such a certificate is final as to the amount unless set aside or altered, and empowers the court to enter judgment for the certified sum where the retainer is not in dispute. Since the respondent did not oppose the application or raise any dispute, the court held that the applicant was entitled to judgment for the taxed sum plus interest.
Court Disposition
Application allowed. Judgment entered for the applicant for the certified taxed costs plus interest. Each party to bear its own costs of the application.
Orders
- Judgment is entered in favour of the applicant against the respondent for Kshs.216,635.50 being the certified costs due plus interest.
- Each party to bear its own costs of this application.
Full Case Text
Judgment text and source record
24 paragraphs
Kinyua Maingi & Company Advocates v Trident Insurance Company Limited (Miscellaneous Application E034 of 2023) [2024] KEHC 15093 (KLR) (20 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15093 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Miscellaneous Application E034 of 2023
AK Ndung'u, J
November 20, 2024
Between
Kinyua Maingi & Company Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. Vide a notice of motion dated 28th April, 2024 the Applicant sought for orders that;i.The judgment entered in favour of the Applicant against the Respondent for the sum of Kshs.216,635. 50/- being the certified costs due to the Applicant as against the Respondent.ii.That the Respondent does not pay the Applicant the costs of this application together with interest on the taxed sum.
2. The Applicant relied on the following grounds;a.The Advocate – Client costs due to the Applicant herein have been taxed Kshs.216,635. 50/- in favour of the Applicant as against the Respondent and a certificate of taxation issued to that effect.b.The Respondent has neglected, refused and/or failed to settle the taxed costs.c.There is no dispute that the Respondent retained the Applicant herein as their advocate in respect of which Advocate – Client costs were taxed herein.d.It is only fair and just in the circumstances that judgment be entered for the amount of Kshs.216,635. 50/- being the sum certified to be due to the Applicant herein as against the Respondent.
3. The application is supported by a supporting affidavit of the Applicant sworn on 28th August, 2024 wherein she stated that the Respondent instructed the Applicant’s firm to act for the Defendant in Nyahururu CMCC No. 249 of 2019 Samuel Ndungu Kariuki vs Titus Muigsi Gakunyi & Alexander Njorege Kawira.
4. Thereafter, the Respondent failed to pay legal fees, thereby necessitating the filing of a bill of costs herein for taxation and the same was taxed for sum of Kshs.216,635. 50/- and a certificate of taxation issued to that effect.
5. That the Respondent has refused, failed and/or neglected to settled the taxed costs despite being served with the ruling and the certificate of taxation and the same has not been appealed against, set aside or altered by the Respondent.
6. In the circumstances, it is only fair and just that judgment be entered as prayed for the sum of Kshs.216,635. 50/- being taxed costs against the Respondent together with interests thereon.
7. Section 51 (2) of the Advocates Act provides.“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” (emphasis added)
8. The certificate of the taxing master in this matter is final. No dispute on retainer is raised and am quick to note that the application was not defended.
9. In the premises, the application before court has merit and is allowed in terms that;a.Judgment be and is hereby entered in favour of the Applicant against the Respondent for the sum of Kshs.216,635. 50/- being the certified costs due to the Applicant as against the Respondent plus interest.b.That each party to bear its costs of this application.
DATED SIGNED AND DELIVERED VIRTUALLY THIS 20TH DAY OF NOVEMBER, 2024. ……………………A.K. NDUNG’UJUDGE