[2024] KEHC 2594 (KLR)
The court found that the Certificate of Taxation dated 23/11/2023, certifying costs at Kshs.753,100.20, had not been set aside and there was no evidence of any pending objection by the respondent. In the absence of any challenge to the certificate, the court was satisfied that the applicant was entitled to judgment...
Source-derived case information.
- Citation
- [2024] KEHC 2594 (KLR)
- Parties
- Applicant: KTK Advocates; Respondent: Nairobi City County
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E005 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
- Outcome
- application allowed; judgment entered for applicant as per certificate of taxation
- Judges
- EC Mwita
- Legal Topics
- Certificate of Taxation, Advocate Remuneration, Costs Awards
- 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
KTK Advocates
Applicant
Nairobi City County
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
Legal Issues
- 1 Whether judgment should be entered in terms of the Certificate of Taxation dated 23/11/2023.
- 2 Whether the respondent has set aside or objected to the Certificate of Costs.
- 3 Whether the applicant is entitled to interest and costs of the application.
Ratio Decidendi
The court found that the Certificate of Taxation dated 23/11/2023, certifying costs at Kshs.753,100.20, had not been set aside and there was no evidence of any pending objection by the respondent. In the absence of any challenge to the certificate, the court was satisfied that the applicant was entitled to judgment in the terms sought. The court further held that interest at 14% was payable from 1/4/2022, being the date following taxation, and that the applicant was also entitled to the costs of the application. The application was therefore allowed as prayed.
Court Disposition
application allowed; judgment entered for applicant as per certificate of taxation
Orders
- Judgment is entered for the applicant for Kshs.753,100.20 as taxed and certified by the Taxing Officer.
- The amount shall attract interest at 14% from 1/4/2022.
Full Case Text
Judgment text and source record
19 paragraphs
KTK Advocates v Nairobi City County (Miscellaneous Application E005 of 2021) [2024] KEHC 2594 (KLR) (Constitutional and Human Rights) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2594 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Miscellaneous Application E005 of 2021
EC Mwita, J
March 14, 2024
Between
KTK Advocates
Petitioner
and
Nairobi City County
Respondent
Ruling
1. The application seeks judgment in terms of the Certificate of Taxation dated 23/10/2023 being Kshs.753,100. 20 plus interest at 14%. The applicant also seeks costs of the application.
2. I have seen the Certificate of Taxation dated 23/11/2023. The Bill of Costs was taxed on 29/3/2022. The Certificate of Costs (dated 23/11/2023) has not been set aside. There is also no evidence that any objection to the certificate is pending.In the circumstances, the application dated 11/12/2023 is allowed.
3. Judgment is hereby entered for the Advocate at Kshs.753,100. 20 as taxed and certified by the Taxing Officer.The amount shall attract interest at 14% from 1/4/2022. The applicant shall also have costs of the application.Orders accordingly.
E. C. MWITAJUDGE14/3/2024