[2024] KEELC 1257 (KLR)
The court held that since the certificate of costs dated 14th April 2021, for the sum of Kshs. 3,578,936.25, has not been set aside, altered, or challenged by way of reference, the applicant is entitled to judgment for the certified sum. The law is clear that the certificate of costs is final as to the amount, and...
Source-derived case information.
- Citation
- [2024] KEELC 1257 (KLR)
- Parties
- Applicant: Miller & Company Advocates; Respondent: County Government of Tana River
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E3 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Certificate of Costs
- Outcome
- judgment for applicant on certificate of costs
- Judges
- FM Njoroge
- Legal Topics
- Advocate Client Costs, Certificate of Costs, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Miller & Company Advocates
Applicant
County Government of Tana River
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Certificate of Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on the certificate of costs issued after taxation.
- 2 Whether the respondent has challenged or set aside the certificate of costs.
Ratio Decidendi
The court held that since the certificate of costs dated 14th April 2021, for the sum of Kshs. 3,578,936.25, has not been set aside, altered, or challenged by way of reference, the applicant is entitled to judgment for the certified sum. The law is clear that the certificate of costs is final as to the amount, and no further action is required except for the court to enter judgment upon application. The respondent's purported opposition was not on record, and there was no evidence of any challenge to the taxation. Therefore, the application for judgment on the certificate of costs was merited and allowed.
Court Disposition
judgment for applicant on certificate of costs
Orders
- Judgment is entered in favour of the applicant against the respondent in the sum of Kshs. 3,578,936.25 as per the Certificate of Costs dated 14th April 2021.
- The applicant shall bear the costs of this application as prayed in the motion.
Full Case Text
Judgment text and source record
22 paragraphs
Miller & Company Advocates v County Government of Tana River (Environment & Land Miscellaneous Case E3 of 2020) [2024] KEELC 1257 (KLR) (7 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1257 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Miscellaneous Case E3 of 2020
FM Njoroge, J
March 7, 2024
Between
Miller & Company Advocates
Applicant
and
County Government of Tana River
Respondent
Ruling
1. The notice of motion application dated 25th May 2021 has been brought under Section 51 (2) of the Advocates Act, Order 51 rule 1 of the Civil Procedure Rules, Section 3A, 3B and 95 of the Civil Procedure Act. The Applicant seeks orders that judgment be entered against the Respondent for the sum of Kshs. 3,578,936. 25 in terms of the certificate of costs dated 14th April 2021.
2. The application is premised on the grounds on its face and is supported by an affidavit sworn on 25th May 2021 by Anne Kaguri, an Advocate of the High Court of Kenya practicing as such with the firm of Miller & Company Advocates.
3. On 15th January 2024, Ms. Ringo appearing on behalf of Mr. Bwire counsel for the Respondent informed the court that the Respondent had filed grounds of opposition to the notice of motion. I have however thoroughly perused the pleadings before this court, and I have found no such document. The only grounds of opposition on record are those in relation to the advocate-client bill of costs dated 11th November 2020.
4. According to the court record the bill of costs dated 11th November 2020 was taxed on 14th April 2021, at Kshs. 3,578,936. 25. Subsequently, a Certificate of Costs was issued on the same date. It is not in dispute that the said decision by the Taxing Officer has not been set aside and/or altered, neither is there a reference that has been filed by the respondent herein against the said decision. In Lubulellah & Associates Advocates v N. K. Brothers Limited [2014] eKLR the Court held as follows: -“The law is very clear that once a taxing master has taxed the costs, issued a Certificate of costs and there is no reference against his ruling or there has been a ruling and a determination made and not set aside and/or altered, no other action would be required from the court save to enter judgment. An applicant is not required to file suit for the recovery of costs. The certificate of costs is final as to the amounts of the costs and the court would be quite in order to enter judgment in favour of the Applicant against the Respondent herein for the taxed sum indicated in the Certificate of Taxation that was issued on 25th November 2012. ”
5. In such a case, judgment is ordinarily entered in the sum in the Certificate of Costs upon application by the advocate. Suffice to say that such an application may be commenced by way of a Notice of Motion like in the present case.
6. Given that no reference has been filed and that the certificate of Costs has not been set aside, it is my finding that the application dated 25th May 2021 is merited and the applicant is entitled to the costs as per the Certificate of Costs.
7. The upshot is that judgment is hereby entered in favour of the applicant as against the respondent in the sum of Kshs. 3,578,936. 25 as per the Certificate of Costs dated 14th April 2021. The Applicant shall bear the costs of this application as prayed in the motion.
DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 7TH DAY OF MARCH 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI