[2024] KEHC 2482 (KLR)
The court found that the certificate of taxation dated 20th August 2021, issued by the Deputy Registrar, had not been set aside or varied and thus remained valid and conclusive as to the amount of costs due from the respondents to the applicant. There was no opposition to the application for judgment, and the...
Source-derived case information.
- Citation
- [2024] KEHC 2482 (KLR)
- Parties
- Applicant: George Mitare T/A Miyare & Co Advocates; Respondent: Aika Nyangara Gatungo; Respondent: Lissa Wangu Gatungo; Respondent: Susan Wanjiru Gatungo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause 94 of 2017
- Procedural Posture
- Miscellaneous Cause / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Application allowed as prayed with costs to the applicant.
- Judges
- HK Chemitei
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mitare T/A Miyare & Co Advocates
Applicant
Aika Nyangara Gatungo
Respondent
Lissa Wangu Gatungo
Respondent
Susan Wanjiru Gatungo
Respondent
Procedural Posture
Miscellaneous Cause / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the court should enter judgment for the advocate against the clients for the sum certified in the certificate of taxation.
- 2 Whether there is any valid opposition or challenge to the certificate of taxation.
Ratio Decidendi
The court found that the certificate of taxation dated 20th August 2021, issued by the Deputy Registrar, had not been set aside or varied and thus remained valid and conclusive as to the amount of costs due from the respondents to the applicant. There was no opposition to the application for judgment, and the applicant had established the existence of an advocate-client relationship and the taxed costs. In the absence of any challenge or evidence to the contrary, the court was satisfied that the applicant was entitled to judgment for the certified sum together with interest as prayed. The application was therefore allowed with costs to the applicant.
Court Disposition
Application allowed as prayed with costs to the applicant.
Orders
- Judgment entered for the applicant against the respondents in the sum of KES 1,583,692 as per the certificate of taxation dated 20th August 2021.
- Interest at 14% per annum from 25th July 2021 until payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
Mitare t/a Miyare & Co Advocates v Gatungo & 2 others (Miscellaneous Cause 94 of 2017) [2024] KEHC 2482 (KLR) (Family) (7 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2482 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Cause 94 of 2017
HK Chemitei, J
March 7, 2024
Between
George Mitare T/A Miyare & Co Advocates
Applicant
and
Aika Nyangara Gatungo
1st Respondent
Lissa Wangu Gatungo
2nd Respondent
Susan Wanjiru Gatungo
3rd Respondent
Ruling
1. The Notice of Motion application herein by the applicant dated 23rd August 2021 seeks for orders that “the court be pleased to enter judgement for the advocate /applicant against the clients/respondents in the sum of kshs1,583,692 as it appears in the certificate of taxation dated 20th August 2021 together with interest at 14% per annum from 25th July 2021 until payment in full.”
2. The application is not opposed and it is based on the sworn affidavit of Esther Mwikali advocate dated 23rd August 2021.
3. From the annexures to the affidavit, the certificate of costs dated 20th August 2021 by the Deputy Registrar clearly showed that there was a client /advocate relationship between the parties. The same seemed to have ran into headwinds on the issue of fees and the applicant filed their bill.
4. The taxation was done by the taxing master and the certificate mentioned above has not been set aside or varied. It is still valid.
5. In the absence of any opposition to the application the same is hereby allowed as prayed with costs to the applicant.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 7TH DAY OF MARCH 2024. H K CHEMITEI.JUDGE