[2023] KEHC 1150 (KLR)
The court found that the applicant's advocate-client bill of costs was taxed at Kshs 318,578/= and a certificate of taxation was issued on January 20, 2022. The certificate has not been set aside or altered and is therefore final as to the amount of costs. The respondents did not contest the application or attend...
Source-derived case information.
- Citation
- [2023] KEHC 1150 (KLR)
- Parties
- Applicant: Kinyua Mbaabu & Co. Advocates; Respondent: Nomads Quintessence Agri-Solutions Limited; Respondent: Nicholas Kipkoech Ruttoh Ronoh; Respondent: Joyce Chemngetichch Ronoh
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E449 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
- Outcome
- application allowed; judgment entered for applicant with interest and costs
- Judges
- PN Gichohi
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Execution of Judgment, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kinyua Mbaabu & Co. Advocates
Applicant
Nomads Quintessence Agri-Solutions Limited
Respondent
Nicholas Kipkoech Ruttoh Ronoh
Respondent
Joyce Chemngetichch Ronoh
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
Legal Issues
- 1 Whether the applicant is entitled to judgment on the basis of an uncontested certificate of taxation.
- 2 Whether interest at 14% per annum is payable on the taxed costs under the Advocates (Remuneration) Order.
- 3 Whether the applicant is entitled to execute against the respondents for the taxed sum.
Ratio Decidendi
The court found that the applicant's advocate-client bill of costs was taxed at Kshs 318,578/= and a certificate of taxation was issued on January 20, 2022. The certificate has not been set aside or altered and is therefore final as to the amount of costs. The respondents did not contest the application or attend court. Under Section 51(2) of the Advocates Act and the cited case law, the court is required to enter judgment for the sum certified in the certificate of taxation. Further, under Paragraph 7 of the Advocates (Remuneration) Order, the applicant is entitled to interest at 14% per annum from thirty days after service of the application until payment in full. The applicant is also...
Court Disposition
application allowed; judgment entered for applicant with interest and costs
Orders
- Judgment is entered in favour of the applicant against the respondents for Kshs 318,578 together with interest at 14% per annum calculable after thirty days from the date of service of the application until payment in full.
- The applicant is allowed to execute the judgment against the respondents.
Full Case Text
Judgment text and source record
27 paragraphs
Kinyua Mbaabu & Co. Advocates v Nomads Quintessence Agri-Solutions Limited & 2 others (Miscellaneous Application E449 of 2021) [2023] KEHC 1150 (KLR) (Commercial and Tax) (27 January 2023) (Ruling)
Neutral citation: [2023] KEHC 1150 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Miscellaneous Application E449 of 2021
PN Gichohi, J
January 27, 2023
Between
Kinyua Mbaabu & Co. Advocates
Applicant
and
Nomads Quintessence Agri-Solutions Limited
1st Respondent
Nicholas Kipkoech Ruttoh Ronoh
2nd Respondent
Joyce Chemngetichch Ronoh
3rd Respondent
Ruling
1. The application before this court is a Notice of Motion dated July 18, 2022 brought under Section 51(2) of the Advocates Act and Rule 7 of the Advocates (Remuneration) Order. The Applicant seeks orders that judgment be entered for the Applicant against the Respondents for the sum of Kshs 318,578/= as per the certificate of taxation dated January 20, 2022 together with interest from the date of filing this Application until payment in full. He seeks that upon the Court adopting the certificate of taxation dated January 20, 2022, the Applicant be allowed to execute the same against the Respondents.
2. The application is supported by the affidavit sworn by Kenneth K Mbaabu on July 18, 2022. He states that the Applicant filed an advocate- client bill of costs dated July 28, 2021 but the bill of costs was uncontested. The Taxing Master taxed the bill on July 27, 2021 at Kshs 318,578/= and issued a certificate of taxation dated 20th January 2022 in favour of the Applicant for the sum of Kshs 318,578/=.
Determination 3. I have considered that this application and that there is a certificate of taxation for Kshs 318,578/= issued on January 20, 2022 which has not been set aside or altered by this Court. Under Section 51 (2) of the Advocates Act provides that :-“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.”
4. This was emphasised in Lubulellah & Associates Advocates v N K Brothers Limited [2014] eKLR where the court held ;“The law is very clear that once a taxing master has taxed the costs, issued a Certificate of costs and there is no reference against his ruling or there has been a ruling and a determination made and not set aside and/or altered, no other action would be required from the court save to enter judgment. An applicant is not required to file suit for the recovery of costs. The certificate of costs is final as to the amounts of the costs and the court would be quite in order to enter judgment in favour of the Applicant against the Respondent herein for the taxed sum indicated in the Certificate of Taxation that was issued on November 25, 2012. ”
5. The advocate-client bill of costs was taxed on July 27, 2021 and the certificate of taxation that was issued on January 20, 2022 remains unchallenged. The Respondents were served with the application but did not respond to it and did not attend court .
6. The Applicant is entitled to interest at the rate of 14% under Paragraph 7 of the Advocates (Remuneration) Order which provides that “An advocate may charge interest at 14 per cent per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, provided that such claim for interest is raised before the amount of the bill shall have been paid or tendered in full.”
7. The application is allowed in the following terms;1. Judgment be and is hereby entered in favour of the Applicant as against the Respondents in the sum of Kshs 318,578/= together with interest thereon at fourteen (14%) per cent per annum calculable after Thirty (30) days from the date when the application was served upon the Respondents until payment in full.2. The Applicant is allowed to execute the same as against the Respondents.3. Costs awarded to the Applicant.
READ, SIGNED AND DELIVERED VIRTUALLY AT MILIMANI THIS 27TH DAY OF JANUARY, 2023. PATRICIA GICHOHIJUDGEInthe presence of:Ms Akinyi Mbaabu for Appellants/ApplicantsN/A for the RespondentGrace Njuki, Court Assistant