[2019] KEHC 6009 (KLR)
The court found that the applicant had established its claim by providing certificates of taxed costs, and the respondent had neither paid the amount nor challenged the retainer, nor filed any reference or appeal against the taxation. In the absence of any contestation by the respondent, and pursuant to section...
Source-derived case information.
- Citation
- [2019] KEHC 6009 (KLR)
- Parties
- Applicant: Lensinko Njoroge & Gathogo Advocates; Respondent: Invesco Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 6 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment Under Advocates Act Section 51(2)
- Outcome
- application allowed; judgment entered for applicant for taxed costs
- Legal Topics
- Taxed Costs Enforcement, Advocate Client Bills, Summary Judgment, Retainer Issues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lensinko Njoroge & Gathogo Advocates
Applicant
Invesco Assurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Entry of Judgment Under Advocates Act Section 51(2)
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment for the taxed costs against the respondent under section 51(2) of the Advocates Act.
- 2 Whether the respondent has challenged the retainer, filed a reference, or appealed the taxed costs.
- 3 Whether the applicant has satisfied the requirements for summary judgment for taxed costs.
Ratio Decidendi
The court found that the applicant had established its claim by providing certificates of taxed costs, and the respondent had neither paid the amount nor challenged the retainer, nor filed any reference or appeal against the taxation. In the absence of any contestation by the respondent, and pursuant to section 51(2) of the Advocates Act, the court held that the applicant was entitled to judgment for the taxed costs as claimed. The affidavit evidence was found credible, and the application was allowed as prayed for entry of judgment and issuance of a decree for the sum of Kshs. 3,334,255.40.
Court Disposition
application allowed; judgment entered for applicant for taxed costs
Orders
- Judgment is entered in favour of the applicant in the sum of Kshs. 3,334,255.40.
- A decree shall issue pursuant to the judgment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
MISC. APPLICATION NO. 6 OF 2019
LENSINKO NJOROGE & GATHOGO ADVOCATES........ADVOCATE/APPLICANT
VERSUS
INVSECO ASSURANCE CO. LTD.............................................CLIENT/RESPONDENT
RULING
1. Pursuant to the provisions of sections 51 (2) of the Advocates Act (Cap 16) Laws of Kenya and all other enabling provisions of the law, the applicant seeks an order for entry of judgement in its favour against Invesco Assurance Co Ltd for the sum of Kshs. 3,334,255. 40. Additionally, it seeks an order for the issuance of a decree pursuant to the foregoing judgement.
2. The application is supported by six grounds that are set out on the face of the notice of motion. The major grounds are as follows. The applicant lodged seventeen bills of costs, which were allowed against the client in the sum of Kshs. 3,334,255. 40. The client has not paid the taxed costs. The client has not filed any reference. Additionally, the client has not filed any appeal against the taxed costs. The issue of retainer has not been challenged. Finally, the applicant has for those reasons prayed for summary judgement against the client.
3. Furthermore, in addition to the foregoing grounds, the applicant through Wilson Gathogo has deponed to a nine paragraphs supporting affidavit in support of the application. In that affidavit the applicant has replicated the grounds that are set out on the face of the notice of motion, except that the applicant has annexed the two certificates of the taxed costs as annexes marked “WG1” and “WG 17. ”
4. I find the affidavit evidence to be credible. As a result, I hereby enter judgement in favour of the applicant in the sum ofKshs 3,334,255. 40.
5. There will be no order as to costs.
6. The upshot of the foregoing, is that the application is allowed as prayed for in prayer numbers 1, 2 and 3 of the notice of motion dated6th February, 2019.
Ruling signed, dated and delivered at Narok in open court on this 4th day of July 2019 in the presence of Mr. Chege holding brief for Mr. Gathogo for the applicant and in the absence of the respondent.
J. M. Bwonwonga
Judge
4/7/2019