[2025] KEHC 2530 (KLR)

[2025] KEHC 2530 (KLR)

The court found that there was a valid certificate of taxation in favour of the applicant advocate for Ksh 170,994.95, and there was no evidence that the certificate had been set aside or altered. In the absence of any challenge to the certificate, the applicant was entitled to judgment for the certified sum. The...

Source-derived case information.

Citation
[2025] KEHC 2530 (KLR)
Parties
Applicant: Mbai Waweru Advocates; Respondent: Kenyan Alliance Company Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E1095 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
Outcome
application allowed; judgment entered for applicant advocate for taxed costs and application costs
Judges
NW Sifuna
Legal Topics
Advocate Client Costs, Certificate of Taxation, Entry of Judgment, Costs Assessment
Source Language
en
Civil Procedure Commercial and Corporate Advocate Client Costs Certificate of Taxation Entry of Judgment Costs Assessment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mbai Waweru Advocates

Applicant

Kenyan Alliance Company Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation

Legal Issues

  1. 1 Whether judgment should be entered for the applicant advocate against the respondent client based on a certificate of taxation.
  2. 2 Whether there is any evidence that the certificate of taxation has been set aside.

Ratio Decidendi

The court found that there was a valid certificate of taxation in favour of the applicant advocate for Ksh 170,994.95, and there was no evidence that the certificate had been set aside or altered. In the absence of any challenge to the certificate, the applicant was entitled to judgment for the certified sum. The court also exercised its discretion to award the applicant the costs of the application, assessed at Ksh 10,000. Accordingly, judgment was entered for the applicant for the taxed sum and the assessed costs.

Court Disposition

application allowed; judgment entered for applicant advocate for taxed costs and application costs

Orders

  • Judgment is entered for the applicant advocate against the respondent client for Ksh 170,994.95 as per the certificate of taxation dated 15th November 2024.
  • A decree shall issue for the sum of Ksh 170,994.95.