[2015] KEHC 6015 (KLR)
The court held that since the certificate of costs issued by the taxing officer had not been set aside or altered, and there was no dispute as to the retainer or opposition from the respondent, the applicant was entitled to judgment for the sum certified. The court relied on Section 51(2) of the Advocates Act, which...
Source-derived case information.
- Citation
- [2015] KEHC 6015 (KLR)
- Parties
- Applicant: Martin Tindi & Co. Advocates; Respondent: Pirates Entertainment Ltd
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 248 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate/client Bill of Costs
- Outcome
- judgment for applicant
- Judges
- MM Kasango
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Tindi & Co. Advocates
Applicant
Pirates Entertainment Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Advocate/client Bill of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as certified by the taxing officer.
- 2 Whether there is any reason to deny the applicant the prayers sought in the absence of opposition from the respondent.
Ratio Decidendi
The court held that since the certificate of costs issued by the taxing officer had not been set aside or altered, and there was no dispute as to the retainer or opposition from the respondent, the applicant was entitled to judgment for the sum certified. The court relied on Section 51(2) of the Advocates Act, which makes the certificate final as to the amount unless challenged. Accordingly, judgment was entered for the applicant for the taxed amount plus interest and costs of the application.
Court Disposition
judgment for applicant
Orders
- Judgment is entered for the applicant against the respondent for Kshs. 106,168 plus interest at court rate from date of taxation until payment in full.
- The applicant is awarded costs of the Notice of Motion dated 13th November 2014.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. CIVIL APPLICATION NO. 248 OF 2014
IN THE MATTER OF : THE ADVOCATES ACT AND THE ADVOCATES REMUNERATION ORDER
AND
IN THE MATTER OF : ADVOCATE/CLIENT BILL OF COST
BETWEEN
MARTIN TINDI & CO. ADVOCATES ........................................................................ APPLICANT
V E R S U S
PIRATES ENTERTAINMENT LTD………………………………………………RESPONDENT
RULING
The Advocate/Applicant MARTIN TINDI & CO. ADVOCATES have filed Notice of Motion dated 13th November 2014. It is brought under Section 51(2) of the Advocates Act Cap 16. The Respondent/Client is Pirates Entertainment Limited.
The Client/Advocate’s costs were taxed on 5th November 2014 for Kshs. 106,168/- and a Certificate of Costs was issued for that amount.
Section 51(2) provides-
“The Certificate of the Taxing Officer by whom any bill has been taxed shall, unless it is set aside or altered by the court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
The Respondent though served did not attend Court or oppose the application on the day of its hearing.
There being no reason to deny the Advocate the prayers sought I grant the following orders-
Judgment is hereby entered for the Applicant against the Respondent for Kshs. 106,168/- plus interest at Court rate from date of taxation until payment in full.
The Applicant is awarded costs of Notice of Motion dated 13th November 2014.
DATED and DELIVERED at MOMBASA this 19TH day of MARCH, 2015.
MARY KASANGO
JUDGE