[2025] KEHC 10496 (KLR)

[2025] KEHC 10496 (KLR)

The court found that the certificate of taxation dated 18th September 2024 had not been set aside or varied and was therefore valid and conclusive as to the amount of costs due. Since the application was unopposed and the issue of retainership was not contested, the applicant was entitled to judgment for the sum...

Source-derived case information.

Citation
[2025] KEHC 10496 (KLR)
Parties
Applicant: LJA Associates LLP; Respondent: Kenindia Assurance Company Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E363 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Advocate Client Costs Application
Outcome
application allowed; judgment entered for applicant for taxed costs, interest, and application costs
Judges
NW Sifuna
Legal Topics
Advocate Client Costs, Certificate of Taxation, Uncontested Application
Source Language
en
Civil Procedure Advocate Client Costs Certificate of Taxation Uncontested Application

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Parties

LJA Associates LLP

Applicant

Kenindia Assurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Advocate Client Costs Application

  1. 1 Whether the applicant is entitled to judgment for the taxed advocate-client costs as per the certificate of taxation.
  2. 2 Whether interest and costs of the application should be awarded to the applicant.

Ratio Decidendi

The court found that the certificate of taxation dated 18th September 2024 had not been set aside or varied and was therefore valid and conclusive as to the amount of costs due. Since the application was unopposed and the issue of retainership was not contested, the applicant was entitled to judgment for the sum stated in the certificate. The court also awarded interest at court rates from the date of taxation until payment in full, as well as the costs of the application assessed at Ksh 10,000.

Court Disposition

application allowed; judgment entered for applicant for taxed costs, interest, and application costs

Orders

  • Judgment entered for the applicant against the respondent for Ksh 206,838 as per the certificate of taxation.
  • Applicant awarded interest at court rates from 8th August 2024 until payment in full.