[2022] KEELRC 13239 (KLR)
The court found that the Claimant had produced certificates of taxation issued by the court's Deputy Registrar, which had not been set aside or altered and were not the subject of any dispute. In the absence of any response or appearance by the Respondent, and pursuant to Section 51(2) of the Advocates Act, the...
Source-derived case information.
- Citation
- [2022] KEELRC 13239 (KLR)
- Parties
- Applicant: Kitoo & Associates Advocates; Respondent: Lavington Security Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause E033 of 2022
- Procedural Posture
- Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- AK Nzei
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kitoo & Associates Advocates
Applicant
Lavington Security Ltd
Respondent
Procedural Posture
Cause / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to judgment for the taxed costs as certified by the court's taxing officer.
- 2 Whether the Respondent has disputed or set aside the certificates of taxation issued in favour of the Claimant.
Ratio Decidendi
The court found that the Claimant had produced certificates of taxation issued by the court's Deputy Registrar, which had not been set aside or altered and were not the subject of any dispute. In the absence of any response or appearance by the Respondent, and pursuant to Section 51(2) of the Advocates Act, the court held that the Claimant was entitled to judgment for the sum certified in the certificates of taxation. The court therefore entered judgment in favour of the Claimant for Kshs. 363,377.30, being the taxed costs, together with costs of the suit and interest at court rates from the date of the judgment.
Court Disposition
judgment for the claimant
Orders
- Judgment entered in favour of the Claimant against the Respondent for Kshs. 363,377.30 as certified by the taxing officer.
- The Claimant is awarded costs of the suit.
Full Case Text
Judgment text and source record
24 paragraphs
Kitoo & Associates Advocates v Lavington Security Ltd (Cause E033 of 2022) [2022] KEELRC 13239 (KLR) (17 November 2022) (Judgment)
Neutral citation: [2022] KEELRC 13239 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Cause E033 of 2022
AK Nzei, J
November 17, 2022
Between
Kitoo & Associates Advocates
Claimant
and
Lavington Security Ltd
Respondent
Judgment
1. The suit herein was instituted by the Claimant vide a Memorandum of Claim dated 30th May 2022 and filed in this Court on 6th June 2022. The Claimant claims against the Respondent a sum of Ksh. 363, 377. 30 being a taxed amount due and owing to the Claimant pursuant to Certificates of Taxation issued by this Court as follows:-a.Msa ELRC Misc. App No. 14 of 2022 (Kitoo & Associates Advocates -vs- Lavington Security Limited)…ksh. 190,775. 30b.Msa ELRC Misc. Appl No. 13 of 2022 ( Kitoo & Associates Advocates -vs- Lavington Security Limited)……… Ksh. 172,602Total Ksh. 363,377. 30
2. The Claimant filed a witness statement of Mary Kitoo Advocate dated 30th May 2022 and a list of documents dated the same date, listing two certificates of costs dated 26th April 2022 and issued by this Court’s Deputy Registrar in the aforestated causes.
3. Despite having been served with summons and suit documents filed herein on 16th June 2022 and an affidavit of service in that regard filed in Court, the Respondent did not enter appearance, and did not file any response to the claim.
4. On 21st September 2022, I directed that the suit do proceed for hearing as an undefended claim, the Respondent having failed to file any pleadings despite having been served.
5. When the suit came up for hearing on 3rd November, 2022, Mary Kitoo Advocate, a partner in the Claimant Law Firm, testified. She adopted her filed witness statement as her testimony, and produced in evidence the documents referred to in paragraph 2 of this Judgment. The witness (CW-1) further testified that the Respondent had been their client for three years, and that the claimed sum of Kshs. 363,377. 30 was made up of taxed Advocate’s costs awarded to the Claimant against the Respondent. She prayed that judgment be entered as prayed in the Claimant’s pleadings.
6. Section 51(2) of the Advocates Act provides as follows:-“the certificate of a 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 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.”
7. The taxing Officer’s Certificates produced in this Court by the Claimant have not been shown to have been altered or set aside by this Court, and have not been shown to be the subject of any dispute.
8. Consequently, I enter judgment in favour of the Claimant against the Respondent for kshs. 363,377. 30, being the Claimant Advocates’ costs certified by the taxing Officer vide Certificates of Costs dated 26th April 2022 and issued in this Court’s Misc. Application Nos. 13 of 2022 and 14 of 2022 respectively.
9. The Claimant is awarded costs of the suit and interest at Court rates. Interest shall be calculated from the date of this Ruling.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MOMBASA THIS 17TH DAY OF NOVEMBER 2022AGNES KITIKU NZEIJUDGEAppearance:Mr. Mugambi for ClaimantN/A for Respondent