[2024] KEHC 100 (KLR)
The court found that the applicant's bill of costs had been taxed and a Certificate of Costs issued for Kshs. 105,152/=. As the Certificate of Costs had not been set aside or stayed, and the application was unopposed, the court held that there was no legal impediment to entering judgment in favour of the applicant...
Source-derived case information.
- Citation
- [2024] KEHC 100 (KLR)
- Parties
- Applicant: Mucheru Law LLP Advocates; Respondent: Cementers Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E1058 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs
- Judges
- A Mabeya
- Legal Topics
- Taxation of Costs, Certificate of Costs, Advocate Client Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mucheru Law LLP Advocates
Applicant
Cementers Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the amount certified in the Certificate of Costs.
- 2 Whether there is any legal impediment to entering judgment where the Certificate of Costs has not been set aside or stayed.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a Certificate of Costs issued for Kshs. 105,152/=. As the Certificate of Costs had not been set aside or stayed, and the application was unopposed, the court held that there was no legal impediment to entering judgment in favour of the applicant for the certified amount. The court relied on section 51(2) of the Advocates Act, which empowers the court to enter judgment for the sum certified in the Certificate of Costs where it has not been set aside or altered. Accordingly, the application was allowed as prayed.
Court Disposition
application allowed; judgment entered for applicant for taxed costs
Orders
- Judgment is entered for the applicant against the respondent for Kshs. 105,152/=.
- The respondent shall pay the applicant the sum of Kshs. 105,152/= together with costs.
Full Case Text
Judgment text and source record
21 paragraphs
Mucheru Law LLP Advocates v Cementers Limited (Miscellaneous Application E1058 of 2023) [2024] KEHC 100 (KLR) (Commercial & Admiralty) (17 January 2024) (Ruling)
Neutral citation: [2024] KEHC 100 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Admiralty
Miscellaneous Application E1058 of 2023
A Mabeya, J
January 17, 2024
Between
Mucheru Law LLP Advocates
Advocate
and
Cementers Limited
Client
Ruling
1. By a Motion on Notice dated 14/12/2023, brought under section 51 (2) of the Advocates Act, the advocate has sought judgment for Kshs. 105,152/= against the defendant. The same is supported by the affidavit of Scort Sala sworn on 14/12/2023.
2. The Motion is predicated upon the grounds that the advocates bill of costs dated 25/11/2022 was taxed on 24/10/2023 at Kshs. 105,152/=. That a Certificate of Costs for the said amount was issued on 17/11/2023 and the same had not been stayed nor set aside. That in the premises, judgment should be entered in terms of the Certificate of Costs. Both the Bill of Costs dated 25/11/2022 and the Certificate of Costs were exhibited.
3. The application was unopposed although served upon the respondent in terms of the affidavit of service of Scort Sala sworn on 19/12/2023.
4. I have seen the Advocates bill of costs dated 25/11/2022. I have seen the Certificate of Costs dated 17/11/2023. The bill of Costs having been taxed at kshs. 105,152/= and the Certificate thereof not having been set aside or stayed, I allow the application as prayed.
5. Accordingly, Judgment is entered for the applicant against the respondent for Kshs. 105,152/= as prayed together with Costs.Orders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 17TH DAY OF JANUARY, 2024. A. MABEYA, FCI Arb, EBSJUDGE