[2024] KEHC 7141 (KLR)
Where a certificate of taxation has been issued, has not been set aside or altered, and there is no dispute as to retainer, the court is empowered under Section 51(2) of the Advocates Act to enter judgment for the amount certified. In this case, the applicant's bill of costs was taxed and certified at Kshs. 118,668,...
Source-derived case information.
- Citation
- [2024] KEHC 7141 (KLR)
- Parties
- Applicant: Marienga & Company Advocates; Respondent: Maureen Muthoni
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E001 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest
- Judges
- DKN Magare
- Legal Topics
- Taxation of Costs, Advocate Client Bill of Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marienga & Company Advocates
Applicant
Maureen Muthoni
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on a certificate of taxation that has not been set aside or altered.
- 2 Whether the applicant is entitled to interest on the taxed costs from the date specified.
Ratio Decidendi
Where a certificate of taxation has been issued, has not been set aside or altered, and there is no dispute as to retainer, the court is empowered under Section 51(2) of the Advocates Act to enter judgment for the amount certified. In this case, the applicant's bill of costs was taxed and certified at Kshs. 118,668, and the respondent did not oppose the application or challenge the retainer. The court found that the requirements of Section 51(2) were satisfied, and thus the applicant was entitled to judgment for the taxed sum, together with interest at court rates from the specified date.
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest
Orders
- Judgment is entered for the applicant against the respondent for Kshs. 118,668 in terms of the Certificate of Costs dated 27th November 2023.
- Interest thereon is awarded at court rates effective 27th December 2023.
Full Case Text
Judgment text and source record
25 paragraphs
Marienga & Company Advocates v Muthoni (Miscellaneous Civil Application E001 of 2023) [2024] KEHC 7141 (KLR) (11 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7141 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Civil Application E001 of 2023
DKN Magare, J
June 11, 2024
Between
Marienga & Company Advocates
Applicant
and
Maureen Muthoni
Respondent
Ruling
1. This is a Ruling over a Miscellaneous Application dated 18/12/2023.
2. The Applicant is substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs. 118,668/= being the sum taxed and certified by the Deputy Registrar on 27th November 2023 as due to the Applicant with interest thereon.
3. The Application arose from the Advocate/Client Bill of Costs dated 7th March 2023.
4. Be it as may the Court has already assessed costs at a specific figure, that is, Kshs. 118,668/=.
5. The Application is expressed to be brought under Section 51 (1) of the Advocates Act. 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. As a fact after filing of the Notice of Motion dated 18/12/2023, there does not appear to be active participation of the Respondent. The Application is unopposed.
7. In the case of Musyoka & Wambua Advocates v RustamHira 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…
8. The Applicant has done his part, serving the bill of costs, and other processes.
9. I find and hold that the Application is merited.
Determinationa.I therefore make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent for Kshs. 118,668/= in terms of the Certificate of Costs dated 27th November 2023. b.Interest thereon is awarded at court rates effective 27th December 2023.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NYERI ON THIS 11TH DAY OF JUNE, 2024. KIZITO MAGAREJUDGEIn the presence of:-No appearance for parties.Court clerk – Jedidah