[2025] KEELC 4873 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued for Kshs. 6,839,700. No reference or stay had been filed by the respondent, and the certificate had not been set aside or reviewed. The respondent failed to pay the taxed costs despite reminders and did not oppose...
Source-derived case information.
- Citation
- [2025] KEELC 4873 (KLR)
- Parties
- Applicant: Mereka & Company Advocates; Respondent: Nicola Farm Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Muranga
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E031 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
- Outcome
- Application allowed as drawn; judgment entered for applicant for taxed costs with interest and decree for enforcement.
- Judges
- MN Gicheru
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Enforcement of Costs Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mereka & Company Advocates
Applicant
Nicola Farm Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
- 2 Whether interest at 14% from the date of the certificate of taxation should be awarded.
- 3 Whether a decree for enforcement should issue in the absence of a reference or stay.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued for Kshs. 6,839,700. No reference or stay had been filed by the respondent, and the certificate had not been set aside or reviewed. The respondent failed to pay the taxed costs despite reminders and did not oppose the application. Under Section 51(2) of the Advocates Act, the certificate of taxation is final as to the amount of costs due and may be enforced as a judgment. The court therefore allowed the application as drawn, granting judgment for the taxed amount with interest and a decree for enforcement.
Court Disposition
Application allowed as drawn; judgment entered for applicant for taxed costs with interest and decree for enforcement.
Orders
- Judgment is entered for the applicant for Kshs. 6,839,700 in terms of the certificate of taxation dated 4-4-2024 together with interest at 14% from the said date.
- A decree shall issue for enforcement/execution of the judgment.
Full Case Text
Judgment text and source record
21 paragraphs
Mereka & Company Advocates v Nicola Farm Limited (Environment & Land Miscellaneous Case E031 of 2022) [2025] KEELC 4873 (KLR) (1 July 2025) (Ruling)
Neutral citation: [2025] KEELC 4873 (KLR)
Republic of Kenya
In the Environment and Land Court at Muranga
Environment & Land Miscellaneous Case E031 of 2022
MN Gicheru, J
July 1, 2025
IN THE MATTER OF THE ADVOCATES ACT CAP 16 (LAWS OF KENYA) AND NICOLA FARM LIMITED…………………………………….CLIENT/RESPONDENT AND IN THE MATTER OF COSTS
Between
Mereka & Company Advocates
Applicant
and
Nicola Farm Limited
Respondent
(ARISING FROM ARBITRATION BETWEEN NICOLA FARM LIMITED VS SUMMER MEADOWS LTD)
Ruling
1. This ruling is on the notice of motion dated 15-4-2024. The motion which is by the Applicant seeks three(3) orders.1. That the Court be pleased to enter Judgment for the amount of Kshs. 6,839,700/= in terms of the certificate of taxation dated 4-4-2024 together with interest at 14% from the said date.2. That pursuant to the judgment, a decree be issued for enforcement/execution.3. That the costs of this application be in the cause.
2. The motion is based on five(5) grounds and is supported by an affidavit of the Applicant dated 15-4-2024. In summary the Applicant states as follows. Firstly, the Applicant filed a bill of costs dated 3-11-2022 seeking Kshs. 43,197,000/= as costs. Secondly, on 24-1-2024, the bill of costs was taxed at Kshs. 6,839,700/= by the Deputy Registrar in favour of the Applicant. Thirdly, there was no stay granted and the Respondent has not filed a reference. Fourthly, the certificate of costs dated 4-4-2024 has not been set aside and or reviewed. Finally, the Respondent has failed and or neglected to pay the said costs despite repeated reminders. For the above stated reasons, the Applicant pray for the orders as above.
3. Even though the Respondent’s Counsel had committed, on 26-5-2025, to file written submissions within 14 days, no submissions have been filed by 27-6-2025.
4. Having considered the Motion dated April 15, 2024 in its entirety and finding that it is fair, just and unopposed, I find that it has merit and I allow it as drawn.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 1ST DAY OF JULY, 2025. M.N. GICHERUJUDGE.Delivered online in the presence of; -Court Assistant – Mwangi NjonjoApplicant’s Counsel – Miss Wambui h/bRespondent’s Counsel – Mr Musumba