[2013] KEHC 4420 (KLR)
The court found that the applicant was entitled to judgment for the taxed amount as per the certificate of costs, as the respondent did not provide any persuasive reason to set aside or vary the taxed bill. The respondent's argument that a deposit had been paid did not affect the enforceability of the final taxed...
Source-derived case information.
- Citation
- [2013] KEHC 4420 (KLR)
- Parties
- Applicant: Martin Tindi & Co. Advocates; Respondent: Oska Odhiambo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 111 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Bill of Costs
- Outcome
- judgment entered for applicant
- Legal Topics
- Advocate Remuneration, Taxation of Costs, Advocate Client Bill of 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 Bill of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed amount in the advocate/client bill of costs.
- 2 Whether payment of a deposit by the respondent affects liability for the final taxed costs.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed amount as per the certificate of costs, as the respondent did not provide any persuasive reason to set aside or vary the taxed bill. The respondent's argument that a deposit had been paid did not affect the enforceability of the final taxed costs, as payment of a deposit does not discharge the obligation to pay the full amount unless it covers the entire sum. The court therefore entered judgment in favour of the applicant for the full taxed amount and made no order as to costs.
Court Disposition
judgment entered 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
28 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Civil Miscellaneous 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
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