[2017] KEHC 4763 (KLR)
The court found that the certificate of costs dated 14th October 2016, taxed at Kshs.51,900, had not been challenged by the respondent through a reference or any opposition. The respondent was duly served but failed to attend the hearing or contest the application. In accordance with Section 51(2) of the Advocates...
Source-derived case information.
- Citation
- [2017] KEHC 4763 (KLR)
- Parties
- Applicant: Matiri Mburu & Chepkemboi Advocates; Respondent: Invesco Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 156 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
- Outcome
- Application allowed. Certificate of costs adopted as judgment of the court.
- Judges
- CC Kipkorir
- Legal Topics
- Taxation of Costs, Adoption of Certificate of Costs, Enforcement of Costs Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Matiri Mburu & Chepkemboi Advocates
Applicant
Invesco Assurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs dated 14th October 2016 should be adopted as a judgment of the court.
- 2 Whether there is any valid opposition or reference challenging the taxed costs.
Ratio Decidendi
The court found that the certificate of costs dated 14th October 2016, taxed at Kshs.51,900, had not been challenged by the respondent through a reference or any opposition. The respondent was duly served but failed to attend the hearing or contest the application. In accordance with Section 51(2) of the Advocates Act, the certificate of costs is final as to the amount unless set aside or altered by the court. Since the retainer was not disputed and there was no opposition, the court exercised its discretion to adopt the certificate of costs as a judgment of the court, thereby allowing the applicant's request.
Court Disposition
Application allowed. Certificate of costs adopted as judgment of the court.
Orders
- The certificate of costs dated 14/10/2016 is adopted as Judgment of the Court.
- Costs of the application awarded to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC. APP.156 OF 2016
MATIRI MBURU & CHEPKEMBOI..........................APPLICANTS
-VERSUS-
INVESCO ASSURANCE CO. LTD........................RESPONDENT
RULING
1. The application before me was filed by Matiri Mburu & Chepkemboi Advocates. It seeks orders that the certificate of costs dated 14th October 2016 be adopted as Judgment of the Court and Costs of the application. The Supporting Affidavit sworn by Njuguna Matiri Advocate avers that the applicant filed a bill of costs dated 14/4/2016 against the respondent. The said bill was subsequently taxed by the Deputy Registrar of the Court at Kshs.51,900 on 12/10/2016 and a certificate dated 14/10/2016 issued.
2. The respondent did not attend court during the hearing on 13/3/2017. Ms. Kamau for the applicant told the court that the applicant had served the hearing notice. She displayed an affidavit of service and notice duly received by Ngaywa Ngigi & Kibet Advocates for the respondent.
The matter therefore proceeded in the absence of the respondents.
3. In urging the application, Ms. Kamau reiterated the averments in the supporting affidavit aforestated. She only added that the respondents had failed to respond when served with the certificate of costs. She expressed anxiety that the respondent was undergoing financial crisis and might not pay up the costs.
4. I have considered the application. It is brought under Section 51 (2) of the Advocates Act which states:
“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.”
5. I have also perused the file. I note that there is no reference filed by the respondent challenging the certificate. None has been brought to my attention either and no opposition was filed in respect to the present application. In the premises, I allow the application dated 9/11/2016 and order that the certificate of costs dated 14/10/2016 is hereby adopted as Judgment of the Court.
Ruling delivered, dated and signed this 30th day of March 2017
R. LAGAT KORIR
JUDGE
In the presence of:
C/A Wanjohi
….............. for applicants
…...............for respondent