[2006] KEHC 1258 (KLR)
The court held that since the advocate-client bill of costs was taxed and allowed at Kshs.36,382/= and the respondent did not file a reference or appeal against the taxation, the applicant was entitled to judgment for the taxed sum. The application complied with Section 51(2) of the Advocates Act, which allows an...
Source-derived case information.
- Citation
- [2006] KEHC 1258 (KLR)
- Parties
- Applicant: Mbugua & Mbugua Advocates; Respondent: Occidental Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 293 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment After Taxation of Advocate Client Bill of Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs and costs of the application
- Judges
- MM Kasango
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbugua & Mbugua Advocates
Applicant
Occidental Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment After Taxation of Advocate Client Bill of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs in the absence of a reference or appeal by the respondent.
- 2 Whether the application complies with Section 51(2) of the Advocates Act.
Ratio Decidendi
The court held that since the advocate-client bill of costs was taxed and allowed at Kshs.36,382/= and the respondent did not file a reference or appeal against the taxation, the applicant was entitled to judgment for the taxed sum. The application complied with Section 51(2) of the Advocates Act, which allows an advocate to obtain judgment for taxed costs where no reference or appeal is pending. Accordingly, judgment was entered for the applicant for the taxed amount, together with costs of the application.
Court Disposition
application allowed; judgment entered for applicant for taxed costs and costs of the application
Orders
- Judgment is entered for the applicant for Kshs.36,382/=.
- The applicant is granted the costs of the application dated 19th August, 2005.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Misc Appli 293 of 2005
MBUGUA & MBUGUA ADVOCATES …………….....................................................…………APPLICANT
VERSUS
OCCIDENTAL INSURANCECOMPANY LIMITED ………………………………………RESPONDENT
RULING
The Applicant/Advocate has brought a Notice of Motion dated 19th August, 2005. The application seeks for judgement in favour of the Applicant for Kshs.36,382/=. This amount is the subject of taxation on 10th June, 2005. The Applicant states that on the 10th June, 2005 the Advocate/client bill of costs was taxed and allowed in the sum of Kshs.36,382/=. That the Respondent since the said taxation has not filed a reference or an appeal against the said taxation. The Applicant therefore, prays that the court will enter judgement in terms of the taxation. The court finds that the Applicant’s application complies with the Section 51(2) of the Advocates Act and the same is merited. The court grants the following orders:-
1) That judgement is entered for the Applicant for Kshs.36,382/=.
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2) That the Applicant is granted the costs of the application dated 19th August, 2005.
MARY KASANGO
JUDGE
Dated and delivered this 29th day of September, 2006.
MARY KASANGO
JUDGE