[2021] KEHC 680 (KLR)
The court found that the applicant had obtained a certificate of taxation for Kshs 106,752, which had not been set aside or altered. The respondent, despite being served, failed to oppose the application or attend the hearing. Under Section 51(2) of the Advocates Act, the certificate of taxation is sufficient basis...
Source-derived case information.
- Citation
- [2021] KEHC 680 (KLR)
- Parties
- Applicant: Magatta & Associates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E004 of 2020
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Notice of Motion for Judgment on Taxed Costs
- Outcome
- Application allowed as unopposed. Judgment entered for the applicant for the taxed sum and costs.
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Magatta & Associates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the applicant for the taxed costs as per the certificate of taxation.
- 2 Whether the respondent is liable to pay the costs of the application.
Ratio Decidendi
The court found that the applicant had obtained a certificate of taxation for Kshs 106,752, which had not been set aside or altered. The respondent, despite being served, failed to oppose the application or attend the hearing. Under Section 51(2) of the Advocates Act, the certificate of taxation is sufficient basis for entering judgment in favour of the advocate for the taxed sum. The court therefore allowed the application as unopposed and entered judgment for the applicant for the taxed costs, with costs of the application to be borne by the respondent.
Court Disposition
Application allowed as unopposed. Judgment entered for the applicant for the taxed sum and costs.
Orders
- Judgment is entered in favour of the applicant for Kshs 106,752 as per the certificate of taxation.
- The respondent shall bear the costs of this application.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIVASHA
MISCELLANEOUS CIVIL APPLICATION NO. E004 OF 2020
MAGATTA & ASSOCIATES....................................................APPLICANT
-VERSUS-
TRIDENT INSURANCE COMPANY LIMITED...............RESPONDENT
RULING
1. By way of a Notice of Motion dated 18th November, 2021, the Applicant which is a practicing law firm prays that judgment be entered in favour of the Advocates (Applicant) against the client (Respondent) for the sum of Kshs 106,752/= and that the costs of the application be borne by the client.
2. The application is brought under Section 51 (1)and(2) of theAdvocate’s ActCap 16 Laws of Kenya and all other enabling provisions of the law.
3. The application is supported by the grounds on the face of it and the Affidavit of Owen Magata Advocate of the Applicant’s law firm sworn on 19th August, 2021. In summary, the Respondent was a client of the Applicant in Naivasha CMCC No. 317 of 2015. A Client/Advocate Bill of Costs was taxed at Kshs 106,752/= as per the Hon. Deputy Registrar’s Ruling dated 5th August, 2021. Pursuant thereto, a Certificate of Taxation dated 17th August, 2021 was drawn.
4. The Respondent was served through its legal officer to come for the hearing of the application but failed to. In the circumstances, I have deemed the application herein as unopposed. Accordingly, the same is allowed with costs to the Applicant.
Dated and Delivered this 25th Day of November, 2021.
G. W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Magata for the Applicant
2. N/A for the Respondent