[2022] KEHC 13596 (KLR)
The court found that the applicant was entitled to have the certificate of costs adopted as a decree of the court since the respondents had not opposed the application and there was no evidence of payment or settlement. The absence of opposition and the clear entitlement under the Advocates (Remuneration) Order and...
Source-derived case information.
- Citation
- [2022] KEHC 13596 (KLR)
- Parties
- Applicant: Mirugi Kariuki & Co Advocates; Respondent: James Benjamin Chege; Respondent: Steve Chege Njoroge
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 21 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Decree and for Leave to Execute
- Outcome
- Application allowed. Certificate of costs adopted as decree. Leave to execute granted.
- Judges
- HK Chemitei
- Legal Topics
- Taxation of Costs, Certificate of Costs, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mirugi Kariuki & Co Advocates
Applicant
James Benjamin Chege
Respondent
Steve Chege Njoroge
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Decree and for Leave to Execute
Legal Issues
- 1 Whether the certificate of costs dated January 28, 2022 should be adopted as a decree of the court.
- 2 Whether leave to execute the certificate of costs should be granted to the applicant.
Ratio Decidendi
The court found that the applicant was entitled to have the certificate of costs adopted as a decree of the court since the respondents had not opposed the application and there was no evidence of payment or settlement. The absence of opposition and the clear entitlement under the Advocates (Remuneration) Order and Civil Procedure Act justified granting the orders sought. The certificate of costs dated January 28, 2022 was therefore adopted as the order and/or decree of the court, and leave to execute was granted to the applicant.
Court Disposition
Application allowed. Certificate of costs adopted as decree. Leave to execute granted.
Orders
- The certificate of costs dated January 28, 2022 is adopted as the order and/or decree of this court.
- Leave to execute the certificate of costs is granted to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
Mirugi Kariuki & Co Advocates v Chege & another (Miscellaneous Application 21 of 2018) [2022] KEHC 13596 (KLR) (6 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13596 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Application 21 of 2018
HK Chemitei, J
October 6, 2022
Between
Mirugi Kariuki & Co Advocates
Applicant
and
James Benjamin Chege
1st Respondent
Steve Chege Njoroge
2nd Respondent
Ruling
1. The applicant’s application dated February 8, 2022 prays that the certificate of costs dated January 28, 2022 be adopted as a decree of this court and leave to execute the same be granted. The application is based on the annexed affidavit of Kahiga Waitindi sworn on the same date.
2. The certificate is based on the decree by the taxing master dated January 28, 2022 in which she awarded the applicant the sum of kshs 511,443 pursuant to a client /advocate bill of costs in case NO NAKURU HIGH COURT SUCCESSION CAUSE NO 535 OF 2006.
3. It is the applicant’s contention that the respondents have refused to settle the same hence this application.
4. The application has not been opposed by the respondents despite their presence in court on July 26, 2022.
5. In the premises the same is allowed to the extent that the certificate of costs dated January 28, 2022 is adopted as the order and or decree of this court.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 6THDAY OF OCTOBER 2022. H. K. CHEMITEI.JUDGE