[2018] KEHC 9743 (KLR)
The court found that the applicant had provided legal services to the respondent, obtained a taxed bill of costs, and was issued a certificate of taxation. The respondent did not oppose the application or challenge the certificate of taxation. Since the certificate had not been set aside, the applicant was entitled...
Source-derived case information.
- Citation
- [2018] KEHC 9743 (KLR)
- Parties
- Applicant: Koceyo and Company Advocates; Respondent: Nairobi City County
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 25 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
- Outcome
- application allowed as prayed
- Judges
- WA Okwany
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Enforcement of Costs, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Koceyo and Company Advocates
Applicant
Nairobi City County
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
- 2 Whether the respondent has disputed or set aside the certificate of taxation.
- 3 Whether the applicant is entitled to interest and costs of the application.
Ratio Decidendi
The court found that the applicant had provided legal services to the respondent, obtained a taxed bill of costs, and was issued a certificate of taxation. The respondent did not oppose the application or challenge the certificate of taxation. Since the certificate had not been set aside, the applicant was entitled to judgment for the taxed amount, interest as prayed, and costs of the application. The court allowed the application in its entirety.
Court Disposition
application allowed as prayed
Orders
- Judgment entered for the applicant against the respondent for KES 559,549 together with interest at 14% per annum from 31st May 2018 until payment in full.
- The applicant is awarded the costs of the application.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
MISCELLANEOUS APPLICATION NO. 25 OF 2017
KOCEYO AND COMPANY ADVOCATES..........................................PETITIONER
VERSUS
NAIROBI CITY COUNTY ..................................................................RESPONDENT
RULING
1. This ruling related to the Notice of Motion dated 6thJune 2018 in which the applicant seeks orders that judgment be entered against the respondent for kshs 559, 549 together with interest at the rate of 14% p.a. from 31st May 2018 till payment in full. The applicant also prays for the costs of the application.
2. The application is premised on the grounds that the applicant offered legal services to the respondent in Nairobi H.C. Constitutional Petition No. 490 of 2016 which services the respondent did not pay for the said services thereby prompting the applicant to file a bill of costs.
3. The applicant’s case is that the bill of costs was taxed on 24th May 2018 and a certificate of costs ( annexturue “TKI”) issued.
4. The respondent did not file any replying affidavit to the application and therefore the application is unopposed.
5. I have considered the application, the supporting affidavit and the applicants written submissions. I find that the application is merited as the certificate of taxation has not been set aside. It has not been disputed that the applicant represented the respondent and is therefore entitled to his costs.
6. I therefore allow the application dated 6th June 2018 as prayed. I also grant the costs of the application to the applicant.
Dated, signed and delivered in open court at Nairobi this 20th day of November 2018.
W. A. OKWANY
JUDGE
In the presence of:
No appearance for the parties
Court Assistant – Kombo