[2013] KEHC 4419 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of costs. The respondent's argument that he had paid a deposit did not invalidate or negate the enforceability of the final bill of costs. The court held that the application had merit and entered judgment in...
Source-derived case information.
- Citation
- [2013] KEHC 4419 (KLR)
- Parties
- Applicant: Martin Tindi & Co. Advocates; Respondent: Oska Odhiambo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 111 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
- Outcome
- judgment for applicant
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Enforcement of Certificates, Judgment on Taxed Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Tindi & Co. Advocates
Applicant
Oska Odhiambo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of costs.
- 2 Whether payment of a deposit by the respondent affects the enforceability of the taxed bill of costs.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of costs. The respondent's argument that he had paid a deposit did not invalidate or negate the enforceability of the final bill of costs. The court held that the application had merit and entered judgment in favour of the applicant for the full amount of the taxed costs, making no order as to further costs.
Court Disposition
judgment for applicant
Orders
- Judgment is entered in favour of the applicant in the sum of Kshs. 113,947.50.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Miscellaneous Civil Application 111 of 2010 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
IN THE MATTER OF: THE ADVOCATES AND THE ADVOCATES REMUNERATION ORDER
AND
IN THE MATTER OF: ADVOCATES/CLIENT BILL OF COST
BETWEEN
MARTIN TINDI & CO. ADVOCATES................................................APPLICANT
VERSUS
OSKA ODHIAMBO........................................................................RESPONDENT
RULING
The applicant MARTIN TINDI & COMPANY ADVOCATES has filed this Notice of Motion dated 5th March, 2010 seeking that judgment be entered in his favour for the sum of Kshs. 113,947/50 which represents the Bill of Costs taxed by the Deputy Registrar of the High Court. The application and hearing notice were duly served on the respondent OSKA ODHIAMBO who objected to the same. The court did hear the parties.
I have seen the certificate of costs dated 25th June, 2009 in which the Advocate/Client Bill of Costs was taxed at Kshs. 113,947. 50.
The respondent opposed the application yet he did not advance any persuasive reasons. He conceded that he did engage the applicant company to represent him in a matter in court. However, he argues that he paid the applicant company a deposit. Payment of a deposit does not in any way negate or invalidate the final Bill of Costs. I find merit in this application and I do hereby enter judgment in favour of the applicant in the sum of Kshs. 113,947. 50. I make no order on costs.
Dated and delivered in Mombasa this 28th day of March, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Maundu h/b Mr. Tindi
Respondent in person
Court Clerk Mutisya