[2016] KEHC 6852 (KLR)
The court found that the plaintiff's bill of costs had been taxed and a certificate of taxation issued for KES 58,390. The defendant did not challenge the certificate or dispute the retainer, nor did it respond to the application despite proper service. The law provides that an unchallenged certificate of taxation...
Source-derived case information.
- Citation
- [2016] KEHC 6852 (KLR)
- Parties
- Plaintiff: Maina & Maina Advocates; Defendant: Property in Kenya Communications Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 87 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed as prayed; judgment entered for plaintiff for taxed costs, interest, and costs of application
- Judges
- DO Ogembo
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation, Enforcement of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maina & Maina Advocates
Plaintiff
Property in Kenya Communications Ltd
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the plaintiff for the taxed costs as per the certificate of taxation.
- 2 Whether the defendant has failed to set aside or alter the certificate of taxation or dispute the retainer.
- 3 Whether the plaintiff is entitled to interest and costs of the application.
Ratio Decidendi
The court found that the plaintiff's bill of costs had been taxed and a certificate of taxation issued for KES 58,390. The defendant did not challenge the certificate or dispute the retainer, nor did it respond to the application despite proper service. The law provides that an unchallenged certificate of taxation is conclusive as to the amount due. Accordingly, the court held that the plaintiff was entitled to judgment for the taxed sum, interest at 14% per annum from the date of taxation until payment in full, and costs of the application.
Court Disposition
application allowed as prayed; judgment entered for plaintiff for taxed costs, interest, and costs of application
Orders
- Judgment is entered for the plaintiff against the defendant for KES 58,390 as taxed costs.
- Interest at 14% per annum is awarded from 3rd July 2015 until payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & ADMIRALTY DIVISION
MISC CASE NO. 87 OF 2015
MAINA & MAINA ADVOCATES :::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
PROPERTY IN KENYA COMMUNICATIONS LTD ::::::::::: DEFENDANT
R U L I N G
1. The Notice of Motion application before the court is dated 19th October 2015 and is filed by the Plaintiff seeking that judgement be entered against the Respondent for the sum of Kshs.58,390 only being advocate/clients costs as taxed on 3rd July 2015 together with interests therein at the rate of 14% p.a from 3rd July 2015 until payment in full.
The application also seeks costs of this application.
2. The application is premised on the grounds set out therein and its supported by the affidavit of MAUREEN MAITAL sworn on 19th October 2015. The applicants case is that;
1. The Applicant’s bill of costs was taxed in the sum of Kenya Shillings Fifty Eight Thousand, Three Hundred and Ninety (58,390) and a certificate of taxation issued to that effect.
2. The said Certificate of taxation has not been set aside and/or altered whereas the retainer is not disputed.
3. Since the assessment the Respondent has neglected and/or refused to settle the taxed sum together with interest thereon.
4. It is in the interest of justice that advocates are remunerated for their services.
3. The application is not opposed. It was served upon the respondent through a Registered Post vide DHL offices on 8th January 2016. An affidavit of service was filed in court on 25th January 2016 sworn by Haggai Ochieng Akello, the process server. I have no reason to doubt the service.
4. Having considered the application and the evidence of certificate of taxation attaché to the application, I am satisfied that the application is merited.
5. In the upshot the application is allowed as prayed.
READ, DELIVERED AND DATED, AT NAIROBITHIS 5th DAY OF FEBRUARY 2016.
E. K. O. OGOLA
JUDGE
PRESENT:
M/s Maital for Plaintiff
Non appearance for Defendant
Teresia – Court Clerk