[2024] KEHC 2961 (KLR)
The court found that the certificate of taxation dated 23/11/2023 had not been set aside and there was no evidence of any pending objection or challenge to it. Under section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified as taxed costs where the certificate remains...
Source-derived case information.
- Citation
- [2024] KEHC 2961 (KLR)
- Parties
- Applicant: Ktk Advocates; Respondent: City Council Of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E018 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed; judgment entered for applicant
- Judges
- EC Mwita
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Entry of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ktk Advocates
Applicant
City Council Of Nairobi
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment for the taxed costs as per the certificate of taxation.
- 2 Whether there is any valid objection or pending challenge to the certificate of taxation.
Ratio Decidendi
The court found that the certificate of taxation dated 23/11/2023 had not been set aside and there was no evidence of any pending objection or challenge to it. Under section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified as taxed costs where the certificate remains unchallenged. The application was therefore allowed, and judgment entered for the applicant for the taxed sum, with interest and costs.
Court Disposition
application allowed; judgment entered for applicant
Orders
- Judgment is entered for the applicant for Kshs.697,876.30 as taxed and certified by the Taxing Officer.
- The amount shall attract interest at 14% from 1/4/2022 until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
KTK Advocates v City Council of Nairobi (Miscellaneous Application E018 of 2020) [2024] KEHC 2961 (KLR) (Constitutional and Human Rights) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2961 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Miscellaneous Application E018 of 2020
EC Mwita, J
March 14, 2024
Between
Ktk Advocates
Petitioner
and
City Council Of Nairobi
Respondent
Ruling
CONCLUSIONS ARGUMENTS 1. The application is brought under S. 51(2) of the Advocates Act seeking entry of judgment for Kshs.697,876. 30 being the taxed costs. The application is not opposed.I have seen the Certificate of Taxation dated 23/11/2023.
2. The certificate has not been set aside and there is no evidence that some objection to that certificate of Taxation is pending.In the circumstances, the application is allowed.
3. Judgment is hereby entered for the Advocate Applicant for Kshs.697,876. 30 as taxed and certified by the Taxing Officer of this court.
4. The amount shall attract interest at 14% from 1/4/2022 until payment in full.The advocate Applicant shall also have costs of this application.Orders accordingly.
E. C. MWITAJUDGE14/3/2024