[2024] KEHC 4563 (KLR)
The court found that the applicant was entitled to judgment on the certificate of costs as there was no plausible reason advanced by the respondent to refuse the application. The certificate of costs had not been set aside or altered, and there was no dispute as to retainer. The court relied on Section 51(2) of the...
Source-derived case information.
- Citation
- [2024] KEHC 4563 (KLR)
- Parties
- Applicant: Robinson Onyango Malombo t/a OM Robinson & Co Advocates; Respondent: Atta (Kenya) Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E049 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Convert Certificate of Costs to Decree
- Outcome
- application allowed; judgment entered for applicant for certified costs plus interest
- Judges
- DKN Magare
- Legal Topics
- Taxation of Costs, Advocate Client Bill of Costs, Conversion of Certificate to Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robinson Onyango Malombo t/a OM Robinson & Co Advocates
Applicant
Atta (Kenya) Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Convert Certificate of Costs to Decree
Legal Issues
- 1 Whether the certificate of costs obtained by the applicant should be converted into a judgment and decree against the respondent.
- 2 Whether there is any valid reason to refuse entry of judgment on a certificate of taxation not set aside or altered.
Ratio Decidendi
The court found that the applicant was entitled to judgment on the certificate of costs as there was no plausible reason advanced by the respondent to refuse the application. The certificate of costs had not been set aside or altered, and there was no dispute as to retainer. The court relied on Section 51(2) of the Advocates Act and relevant case law, holding that the applicant had satisfied the legal requirements for conversion of the certificate of costs into a judgment and decree. Accordingly, judgment was entered for the applicant for the certified sum with interest from 30 days after certification.
Court Disposition
application allowed; judgment entered for applicant for certified costs plus interest
Orders
- Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 6th September 2023 for Kshs. 22,326,318.67.
- Interest is awarded effective 26/8/2023, being 30 days from the date of certification of the taxation.
Full Case Text
Judgment text and source record
24 paragraphs
Malombo t/a OM Robinson & Co Advocates v Atta (Kenya) Limited (Miscellaneous Application E049 of 2023) [2024] KEHC 4563 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4563 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application E049 of 2023
DKN Magare, J
April 15, 2024
Between
Robinson Onyango Malombo t/a OM Robinson & Co Advocates
Applicant
and
Atta (Kenya) Limited
Respondent
Ruling
1. This is a ruling in respect of the Applicant ‘Application dated 22/12/2023. It is supported by the advocate’s affidavit. It seeks the conversion of the certificate of costs to a decree. The application was opposed though an affidavit dated 22/12/2023.
2. They stated that they asked for a copy of the ruling on 25/7/2023. They have written reminders in vain. They stated that they are surprised that the Applicant has a ruling. They prayed for even a day to deal with the ruling. This they were given but nothing happened.
3. The Application sought to convert the certificate obtained pursuant to the ruling of 19/7/2023 to a Judgement. This is for a sum of Ksh. 22,326,318,67 being the sum taxed on 19/7 2023 and certified by the Deputy Registrar on 26/7/2023 as due to the Applicant with interest thereon.
4. The Application arose from the Advocate/Client Bill of Costs arising from Mombasa HCCC 30 of 2020/=.
5. The Application is expressed to be brought under Section 51 (1) of the Advocates Act and Rule 51(2) of the Civil Procedure Rules. The said Section 51(2) of the Advocates Act provides thus:“Pursuant to the provisions of Section 2 of the Advocates Act –“Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.”
6. The said section has been litigated before. In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate (2006) eKLR it was held: -“Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit.....”
7. I find no plausible reason for not allowing the Application. The same is merited. Consequently, the said Application is therefore allowed.
Determination 8. I therefore make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 6th September 2023 for Kshs. 22,326,318,67. b.Interest thereon is awarded effective 26/8/2023 being 30 days from the date of certification of the taxation.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 15TH DAY OF APRIL, 2024. KIZITO MAGAREJUDGEIn the presence of:-Mr. Otieno for the RespondentMiss Sidinyu for the Applicant holding brief for MalomboCourt clerk- Brian