[2024] KEELC 6085 (KLR)
The court found that the applicant had established that the certificate of costs for Kshs.474,837.42 had been duly taxed and certified, and there was no evidence that it had been set aside or varied. The respondents were properly served with the application and hearing notice but failed to respond or oppose the...
Source-derived case information.
- Citation
- [2024] KEELC 6085 (KLR)
- Parties
- Applicant: L.G. Menezes & Co. Advocates; Respondent: Shiraz Mohamed Nanji; Respondent: Zeenat Shiraz
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E022 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs and interest
- Judges
- E Asati
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Entry of Judgment, Certificate of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L.G. Menezes & Co. Advocates
Applicant
Shiraz Mohamed Nanji
Respondent
Zeenat Shiraz
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant for the taxed costs as per the certificate of costs.
- 2 Whether the respondents were properly served and failed to oppose the application.
- 3 Whether there is any evidence that the certificate of costs has been set aside or varied.
Ratio Decidendi
The court found that the applicant had established that the certificate of costs for Kshs.474,837.42 had been duly taxed and certified, and there was no evidence that it had been set aside or varied. The respondents were properly served with the application and hearing notice but failed to respond or oppose the application. In accordance with section 51(2) of the Advocates Act, the court held that judgment should be entered for the applicant for the sum certified in the certificate of costs, together with interest as prayed. The application was therefore allowed as merited.
Court Disposition
application allowed; judgment entered for applicant for taxed costs and interest
Orders
- Judgment is entered for the applicant against the respondents for Kshs.474,837.42 as per the certificate of costs dated 30th September, 2022.
- Interest at 14% per annum from 24th October, 2021 until payment in full is awarded.
Full Case Text
Judgment text and source record
23 paragraphs
L.G. Menezes & Co. Advocates v Nanji & another (Environment & Land Miscellaneous Case E022 of 2021) [2024] KEELC 6085 (KLR) (24 September 2024) (Ruling)
Neutral citation: [2024] KEELC 6085 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisumu
Environment & Land Miscellaneous Case E022 of 2021
E Asati, J
September 24, 2024
Between
L.G. Menezes & Co. Advocates
Applicant
and
Shiraz Mohamed Nanji
1st Respondent
Zeenat Shiraz
2nd Respondent
Ruling
1. The application before court for determination is the Notice of Motion dated 15th April, 2023 seeking that judgement be entered for the Applicant against the Respondent for Kshs.474,837. 42 as per the certificate of costs dated 30th September, 2022 together with interest at 14% per annum from 24th October, 2021 till payment in full. The application was brought pursuant to the provisions of section 51 (2) of the Advocates Act Cap 16 Laws of Kenya and Section 3A of the Civil Procedure Act.
2. The application also seeks for an order that costs of the application be provided for. The application is supported with the contents of the Supporting Affidavit sworn by Dancan Otieno Njoga on 15th April, 2023.
3. The application was unopposed. Affidavit of Service sworn by Dancan Otieno Njoga on 30th August, 2024 shows that the Respondents were served with the hearing notice on 10th June, 2024. Attached to the Affidavit of Service was forwarding letter and hearing notice both dated 10th June, 2024. I find that the Respondents were properly served but failed to respond to the application.
4. Attached to the Supporting Affidavit is a Certificate of Costs showing that the Advocates-Client costs were taxed and certified at Kshs.474,837. 42. There is no evidence that the certificate of costs has been set aside or varied.
5. The application is meritorious and is hereby allowed. Costs to the Applicant.Orders accordingly
6. Ruling, dated and signed at Kisumu, read virtually this 24th day of September, 2024 through Microsoft Teams Online Application.
E. ASATIJUDGE.In the presence of:Maureen: Court Assistant.Otieno Njoga for the Applicant/AdvocateNo appearance for the Respondent/ClientMISC ELC E022/2021 RULING Page1