[2007] KEHC 2091 (KLR)
The court found that the applicant advocate's bill of costs had been taxed and a certificate of taxation issued for Kshs. 79,973.20. The respondent had not filed any reference or appeal against the taxation, nor disputed the retainer. The application was unopposed, and the applicant had satisfied the requirements...
Source-derived case information.
- Citation
- [2007] KEHC 2091 (KLR)
- Parties
- Plaintiff: Mbai & Kibuthu Advocates; Defendant: Mbo-I-Kamiti Farmers Co. Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 132 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Application allowed as prayed; judgment entered for applicant for taxed costs and costs of the application.
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mbai & Kibuthu Advocates
Plaintiff
Mbo-I-Kamiti Farmers Co. Ltd
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the court should enter judgment for the applicant advocate for taxed costs where the respondent has not challenged the taxation or disputed the retainer.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant advocate's bill of costs had been taxed and a certificate of taxation issued for Kshs. 79,973.20. The respondent had not filed any reference or appeal against the taxation, nor disputed the retainer. The application was unopposed, and the applicant had satisfied the requirements under Section 51(2) of the Advocates Act and the relevant rules. Accordingly, the court allowed the application and entered judgment for the applicant for the taxed costs, together with costs of the application.
Court Disposition
Application allowed as prayed; judgment entered for applicant for taxed costs and costs of the application.
Orders
- Judgment is entered for the applicant advocate for the sum of Kshs. 79,973.20 as taxed costs.
- The respondent shall pay the costs of this application.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc Appli 132 of 2005
MBAI & KIBUTHU ADVOCATES……………………………………...PLAINTIFF
Versus
MBO-I-KAMITI FARMERS CO. LTD…………………………….…DEFENDANT
RULING
Before me is a Notice of Motion brought under Section 51 (2) of the Advocates Act, Rule 7 of the Advocates (Remuneration) Order and Order L Rule 1 of the Civil Procedure Rules in which the Applicant Advocate seeks Orders that the costs as taxed on 15th May 2006 as between Client/Advocate be made judgment of this court. And that costs of this Application be provided for.
The Application is based on the fact that the said costs have already been taxed and certificate of costs issued and that the Respondent is yet to pay the said sum. The Application is also supported by an Affidavit sworn by Timothy K. Waweru in which he avers that the Advocate/Client bill of costs was taxed on 15th May 2006 at Kshs.79,973. 20 by the Deputy Registrar and who issued a certificate of taxation and that the Respondent herein has not filed a reference by way of an appeal against the said taxation and that there is no dispute as to the retainer.
The respondent was served with this Application but never filed any papers to oppose the Application nor did he appear in court to oppose the same.
The Application being unopposed, the same is allowed in terms of prayers (a) (b) and (c ) of the Notice of Motion dated 24th July 2006.
Dated and delivered at Nairobi this 24th day of April 2007.
J.J.A. OSIEMO
JUDGE