[2025] KEHC 9840 (KLR)

[2025] KEHC 9840 (KLR)

The court found that the applicant had established that the respondent instructed them, services were rendered, and bills of costs were taxed with certificates of taxation issued. There was no evidence that the certificates had been set aside or varied, nor was there any dispute on the retainer. In the absence of...

Source-derived case information.

Citation
[2025] KEHC 9840 (KLR)
Parties
Applicant: Magatta & Associates; Respondent: Trident Insurance Company Limited
Court
High Court
Court Station
High Court at Naivasha
Jurisdiction
Kenya
Case Number
Miscellaneous Application E138 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant as prayed
Judges
GL Nzioka
Legal Topics
Taxation of Costs, Advocate Client Bills, Entry of Judgment, Certificate of Taxation
Source Language
en
Civil Procedure Taxation of Costs Advocate Client Bills Entry of Judgment Certificate of Taxation

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Parties

Magatta & Associates

Applicant

Trident Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for the amounts certified in the certificates of taxation.
  2. 2 Whether there is any dispute on the retainer or the taxed costs that would preclude entry of judgment.
  3. 3 Whether interest is payable on the taxed amounts from the date of each certificate of taxation.

Ratio Decidendi

The court found that the applicant had established that the respondent instructed them, services were rendered, and bills of costs were taxed with certificates of taxation issued. There was no evidence that the certificates had been set aside or varied, nor was there any dispute on the retainer. In the absence of any challenge by the respondent, the court held that the applicant was entitled to judgment for the amounts certified in the certificates of taxation, with interest accruing from the date of each certificate. The application was allowed as prayed, and judgment was entered accordingly.

Court Disposition

application allowed; judgment entered for applicant as prayed

Orders

  • Judgment is entered for the applicant against the respondent for Ksh 71,194.60 in each of the consolidated matters pursuant to the respective certificates of costs, with interest at court rates from the date of each certificate until payment in full.
  • Judgment is entered for the applicant against the respondent for Ksh 64,199 in Naivasha HCMISC E085 of 2024 pursuant to the certificate of costs dated 6th November, 2024, with interest at court rates from the date of taxation until payment in full.