[2007] KEHC 2248 (KLR)
The court found that the applicant advocate's bill of costs had been taxed and a certificate of taxation issued for KES 74,775.60. The respondent had not filed any reference or appeal against the taxation, nor was there any dispute as to the retainer. The respondent was served but did not oppose the application. In...
Source-derived case information.
- Citation
- [2007] KEHC 2248 (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
- ? 131 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Application allowed as unopposed; judgment entered for applicant for taxed costs and costs of the application.
- Judges
- JL Osiemo
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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 KES 74,775.60. The respondent had not filed any reference or appeal against the taxation, nor was there any dispute as to the retainer. The respondent was served but did not oppose the application. In these circumstances, Section 51(2) of the Advocates Act empowers the court to enter judgment for the taxed costs. The court therefore allowed the application as unopposed and granted the orders sought by the applicant.
Court Disposition
Application allowed as unopposed; judgment entered for applicant for taxed costs and costs of the application.
Orders
- Judgment is entered for the applicant advocate against the respondent for the sum of KES 74,775.60 as taxed costs.
- The respondent shall pay the costs of this application to the applicant.
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 131 of 2005
MBAI & KIBUTHU ADVOCATES……..……………....PLAINTIFF
Versus
MBO-I-KAMITI FARMERS CO. LTD…………...…DEFENDANT
RULING
By this Notice of Motion brought under Section 51 (2) of the Advocates Act and Rule 7 of the Advocates (Remuneration) Order and Order L Rule 1 of the Civil Procedure Rules the Applicant Advocate seeks orders that the costs as taxed on 13th May 2006 as between Client/Advocate be made judgment of the 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 Kairu Timothy Waweru in which he avers that the Advocate/Client bill of costs was taxed on 13th May 2006 at Shs.74,775. 60 by the Taxing Master 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 1 and 2 & 3 of the Notice of Motion dated 6th July 2006.
Dated and delivered at Nairobi this 24th day of April 2007.
J.L.A OSIEMO
JUDGE