[2023] KEHC 1389 (KLR)
The court held that since the certificate of taxation for Ksh 330,699/- was not challenged, set aside, or altered, and the respondent failed to respond or attend court, the certificate is final as to the amount of costs. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum...
Source-derived case information.
- Citation
- [2023] KEHC 1389 (KLR)
- Parties
- Applicant: MJD Assocates Advocates; Respondent: Timwood Products Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E187 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs, interest, and costs of application
- Judges
- PN Gichohi
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Interest on Costs, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MJD Assocates Advocates
Applicant
Timwood Products Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on the unchallenged certificate of taxation.
- 2 Whether the applicant is entitled to interest at 14% per annum on the taxed costs from the expiration of 30 days after service of the bill.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court held that since the certificate of taxation for Ksh 330,699/- was not challenged, set aside, or altered, and the respondent failed to respond or attend court, the certificate is final as to the amount of costs. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified. Additionally, the applicant is entitled to interest at 14% per annum from 30 days after service of the bill, as provided by Paragraph 7 of the Advocates (Remuneration) Order. The application was therefore allowed, judgment entered for the applicant for the taxed sum with interest, and costs awarded to the applicant.
Court Disposition
application allowed; judgment entered for applicant for taxed costs, interest, and costs of application
Orders
- Judgment entered in favour of the applicant against the respondent in the sum of Ksh 330,699/- together with interest at 14% per annum calculable after 30 days from the date of service until payment in full.
- The applicant is at liberty to execute the judgment against the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
MJD Assocates Advocates v Timwood Products Limited (Miscellaneous Application E187 of 2022) [2023] KEHC 1389 (KLR) (Commercial and Tax) (28 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1389 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Miscellaneous Application E187 of 2022
PN Gichohi, J
February 28, 2023
Between
MJD Assocates Advocates
Advocate
and
Timwood Products Limited
Client
Ruling
1. Before this court is a Notice of Motion dated August 2, 2022 brought under Section 51(2) of the Advocates Act, Rule 7 of the Advocates (Remuneration) Order and Sec. 1 A, 1B, 3, 3A & 34 of the Civil Procedure Act and Order 51 Rule1 of theCivil Procedure Rules. The Advocate/Applicant seeks orders that judgment be entered against the Client/Respondent for the sum of Ksh 330,699/-being the Advocate’s taxed and certified costs in Milimani CMCC. No 4397 of 2018 as per the Certificate of Taxation dated July 18, 2022.
2. He also seeks interest on the same at 14% per annum from May 6, 2022 being the 30th day from the date on which the Bill of costs was served upon the Client/Respondent as per the provisions of Paragraph 7 of the Advocates Remuneration Order and Rules, until payment in full. He further prays that the costs of the application be borne by the Respondent.
3. In the affidavit sworn on August 2, 2022 by Derek Mwoma Advocate practising in the said firm of Advocates, the Applicant states that they filed an Advocate/Client Bill of Costs dated March 1, 2022 to recover costs for services rendered to the Client in Milimani CMCC. No 4397 of 2018 and served it together with the taxation notice on the Respondent. However, the Respondent failed to enter appearance or file a response. Consequently, the bill was taxed vide ruling dated June 17, 2022 at Ksh 330,699/-.
4. That despite the Respondent being served with the Certificate of Taxation on July 25, 2022, no response was filed and the same has not been challenged. Further, it has not been set aside and there are no outstanding proceedings to set it aside.
Determination 5. I have considered this application and the annextures thereto which conform that there is a Certificate of Taxation for Ksh 330,699/- dated July 18, 2022 and the Respondent did not challenge it. It has not been set aside or altered by this Court. Though served, the Respondent did not file any response and did not attend this court either. This certificate is therefore final in the circumstances as provided for under Section 51 (2) of the Advocates Act that:-“The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
6. It is therefore quite in order for this court to enter judgment in favour of the Advocate/Applicant for the taxed sum as per the Certificate of Taxation and allow the Applicant to get the fruits of his labour as per law provided.
7. Under paragraph 7 of the Advocates (Remuneration) Order, “An advocate may charge interest at 14 per cent per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, provided that such claim for interest is raised before the amount of the bill shall have been paid or tendered in full.”
8. In the circumstances the application dated August 2, 2022 is allowed in the following terms:-1. Judgment be and is hereby entered in favour of the Applicant as against the Respondent in the sum of Ksh 330,699/- together with interest thereon at fourteen (14%) per cent per annum calculable after Thirty (30) days from the date when the application was served upon the Respondent until payment in full.2. The Applicant is at liberty to execute the same as against the Respondent.3. Costs are awarded to the Applicant.
DATED , SIGNED AND DELIVERED VIRTUALLY AT KISII THIS 28TH DAY OF FEBRUARY, 2023. PATRICIA GICHOHIJUDGEInthe presence of:Mr. Onyancha for Advocate/ApplicantN/A for the Client/RespondentKevin Isindu, Court Assistant