[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
Source-derived case record
Summary, issues, holding and outcome
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Parties
LJA Associates LLP
Applicant
Kenindia Assurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Advocate Client Costs Application
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed advocate-client costs as per the certificate of taxation.
- 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.
Full Case Text
Judgment text and source record
19 paragraphs
LJA Associates LLP v Kenindia Assurance Company Limited (Miscellaneous Civil Application E363 of 2024) [2025] KEHC 10496 (KLR) (Civ) (25 June 2025) (Ruling)
Neutral citation: [2025] KEHC 10496 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Civil Application E363 of 2024
NW Sifuna, J
June 25, 2025
Between
Lja Associates LLP
Applicant
and
Kenindia Assurance Company Limited
Respondent
Ruling
1. This is an Application by an Advocate against his Client, for the taxed Advocate-Client Costs as per the Certificate of Taxation dated 18th September 2024, by HON SILVIA MOTARI (Taxing Officer), for the sum of Ksh 206,838=. The Application has not been opposed and neither has retainership been contested.
2. Given therefore that the said Certificate of Taxation dated 18th September 2025 has neither been varied nor set aside, the same is valid. On the basis of these facts, this Application is hereby allowed and judgment is hereby entered for the Applicants against the Respondent for the sum of Ksh 206,838= stated in the said Certificate.
3. I hereby also award the Applicant interest atcourt rates from the date of taxation (and which date was 8th August 2024) until payment in full. The Applicant shall also have the costs of this Application; which I hereby assess at Ksh 10,000=.
DATED AND DELIVERED AT NAIROBI ON THIS 25THDAY OF JUNE 2025. PROF (DR) NIXON SIFUNAJUDGE