[2015] KEHC 1344 (KLR)
Where a certificate of taxation for advocate/client costs is issued and there is no reference challenging the taxation or dispute over retainer, the court is entitled to enter judgment for the amount certified. The respondent's failure to appear or contest the application further supports the applicant's entitlement...
Source-derived case information.
- Citation
- [2015] KEHC 1344 (KLR)
- Parties
- Applicant: Mbugua & Mbugua Advocates; Respondent: Kenindia Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 7 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Judgment entered for the applicant for the taxed costs with interest; no order as to costs of the application.
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbugua & Mbugua Advocates
Applicant
Kenindia Assurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to judgment on taxed advocate/client costs as per the certificate of taxation.
- 2 Whether there is any reference challenging the taxation or a dispute over retainer.
Ratio Decidendi
Where a certificate of taxation for advocate/client costs is issued and there is no reference challenging the taxation or dispute over retainer, the court is entitled to enter judgment for the amount certified. The respondent's failure to appear or contest the application further supports the applicant's entitlement to judgment. Interest is awarded as per the applicable rate from the date of taxation until payment in full.
Court Disposition
Judgment entered for the applicant for the taxed costs with interest; no order as to costs of the application.
Orders
- Judgment is entered in favour of the applicant/advocate for Kshs 49,283.76 as per the certificate of taxation dated 30th June 2015.
- Interest at 14% per annum is awarded from 16th June 2015 until payment in full.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS APPLICATION NO. 7 OF 2015
MBUGUA & MBUGUA ADVOCATES ……………..…….........….PLAINTIFF
VERSUS
KENINDIA ASSURANCE COMPANY LIMITED ……..............…DEFENDANT
RULING
The applicant/advocate by his application dated 20th July 2015 seeks for judgment on taxed advocate/client costs as per the certificate of taxation dated 30th June 2015. The subject taxed costs are shs 49,283. 76 against the respondent Kenindia Assurance Company Limited. The respondent was served but neither entered appearance nor filed response. In addition, there is no evidence that there is any reference challenging the taxation or a dispute over retainer.
Accordingly, I enter judgment in favour of the applicant/advocate for kshs 49,283. 76 as per the certificate of taxation dated 30th June 2015. I also award interest at 14% per annum from 16th June 2015 the date of taxation until payment in full. A decree shall issue to that effect.
I make no orders as to costs of this application.
Orders accordingly.
R.E. ABURILI
JUDGE
13/10/2015