[2016] KEHC 6853 (KLR)
The court found that the plaintiff's bill of costs had been taxed and a certificate of taxation issued, which had not been set aside or challenged. The defendant was properly served with the application but failed to oppose it or appear in court. In the absence of any dispute as to the retainer or the amount taxed,...
Source-derived case information.
- Citation
- [2016] KEHC 6853 (KLR)
- Parties
- Plaintiff: Maina & Maina Advocates; Defendant: Umar M. Hamidi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 98 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 and interest
- Judges
- DO Ogembo
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Maina & Maina Advocates
Plaintiff
Umar M. Hamidi
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 was properly served with the application and failed to oppose it.
- 3 Whether interest at 14% per annum from the date of taxation is payable.
Ratio Decidendi
The court found that the plaintiff's bill of costs had been taxed and a certificate of taxation issued, which had not been set aside or challenged. The defendant was properly served with the application but failed to oppose it or appear in court. In the absence of any dispute as to the retainer or the amount taxed, and in accordance with Section 51(2) of the Advocates Act, the court held that the plaintiff was entitled to judgment for the taxed costs as certified, together with interest at the rate of 14% per annum from the date of taxation until payment in full. The application was therefore allowed as prayed.
Court Disposition
application allowed as prayed; judgment entered for plaintiff for taxed costs and interest
Orders
- Judgment is entered for the plaintiff against the defendant for KES 2,150,053.11 as taxed costs.
- Interest at 14% per annum from 27th July 2015 until payment in full is awarded.
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. 98 OF 2015
MAINA & MAINA ADVOCATES………….…………PLAINTIFF
VERSUS
UMAR M. HAMIDI…………………………………..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.2,150,053. 11 only being advocate/clients costs as taxed on 27th July 2015 together with interests therein at the rate of 14% p.a from 27th 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;
The Applicant’s bill of costs was taxed in the sum of Kenya Shillings Two Million, One Hundred and Fifty Thousand, Fifty three and Eleven Cents (2,150,053. 11) and a certificate of taxation issued to that effect.
The said Certificate of taxation has not been set aside and/or altered whereas the retainer is not disputed.
Since the assessment the Respondent has neglected and/or refused to settle the taxed sum together with interest thereon.
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 NAIROBI THIS 5th DAY OF FEBRUARY 2016.
E. K. O. OGOLA
JUDGE
PRESENT:
M/s Maital for Plaintiff
Non appearance for Defendant
Teresia – Court Clerk