[2024] KEHC 12817 (KLR)
The court found that the applicant had established that costs were taxed in its favour at Kshs.133,400.00 and a Certificate of Taxation was issued. There was no dispute as to retainer, and the respondent failed to file any response or opposition despite being served. The application was therefore unopposed. The...
Source-derived case information.
- Citation
- [2024] KEHC 12817 (KLR)
- Parties
- Applicant: Kinyua & Maingi & Company Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E010 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Certified Costs
- Outcome
- application allowed; judgment entered for applicant for certified costs, interest, and costs of the application
- 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 & Company Advocates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Certified Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant for the certified taxed costs against the respondent.
- 2 Whether the respondent is liable to pay interest and costs of the application.
Ratio Decidendi
The court found that the applicant had established that costs were taxed in its favour at Kshs.133,400.00 and a Certificate of Taxation was issued. There was no dispute as to retainer, and the respondent failed to file any response or opposition despite being served. The application was therefore unopposed. The court held that, in the absence of any challenge to the certificate of taxation or the retainer, the applicant was entitled to judgment for the certified sum, together with interest and costs of the application. Accordingly, judgment was entered for the applicant as prayed.
Court Disposition
application allowed; judgment entered for applicant for certified costs, interest, and costs of the application
Orders
- Judgment is entered in favour of the applicant against the respondent for Kshs.133,400.00 being the certified costs.
- The respondent shall pay to 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 & Company Advoctes v Trident Insurance Company Limited (Civil Miscellaneous Application E010 of 2024) [2024] KEHC 12817 (KLR) (16 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12817 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Miscellaneous Application E010 of 2024
DO Chepkwony, J
October 16, 2024
Between
Kinyua & Maingi & Company Advoctes
Applicant
and
Trident Insurance Company 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 Thirty-Three Thousand, Four Hundred Shillings (Kshs.133,400. 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 Thirty-Three Thousand, Four Hundred Shillings (Kshs.133,400. 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 Thirty-Three Thousand, Four Hundred Shillings (Kshs.133,400. 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