[2021] KEELRC 1294 (KLR)
The court found that the applicant was entitled to judgment for the sum certified in the certificate of taxation, as the respondent did not challenge the taxation or participate in the proceedings. Section 51(2) of the Advocates Act renders the certificate of taxation final unless set aside, and Rule 7 of the...
Source-derived case information.
- Citation
- [2021] KEELRC 1294 (KLR)
- Parties
- Applicant: Mulekyo and Company Advocates; Respondent: Nolturesh Loitoktok Water and Sanitation Co. Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause E001 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Amended Notice of Motion for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant with interest
- Judges
- DKN Marete
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Interest on Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mulekyo and Company Advocates
Applicant
Nolturesh Loitoktok Water and Sanitation Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Amended Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as certified by the Deputy Registrar.
- 2 Whether the applicant is entitled to interest at 14% per annum on the taxed costs from the specified date.
- 3 Whether the respondent's failure to oppose the application affects the outcome.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the sum certified in the certificate of taxation, as the respondent did not challenge the taxation or participate in the proceedings. Section 51(2) of the Advocates Act renders the certificate of taxation final unless set aside, and Rule 7 of the Advocates Remuneration Order entitles the applicant to interest at 14% per annum from one month after delivery of the bill. The court, therefore, allowed the application as prayed, entering judgment for Kshs. 281,610.00 with interest at 14% from 25th October, 2019.
Court Disposition
application allowed; judgment entered for applicant with interest
Orders
- The application dated 28th January, 2021 is allowed as prayed.
- Judgment is entered for the sum of Kshs. 281,610.00 in favour of the applicant against the respondent.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NYERI
CAUSE NO.E001 OF 2021
(Before D.K.N.Marete)
MULEKYO AND COMPANY ADVOCATES .........................................APPLICANT
VERSUS
NOLTURESH LOITOKTOK WATER AND
SANITATION CO.LTD.........................................................................RESPONDENT
RULING
This is an application coming to court vide an Amended Notice of Motion dated 16th February, 2021. It seeks the following orders of court;
1. THAT judgment be entered for the sum of Kshs.TWO HUNDRED AND EIGHT ONE THOUSAND , SIX HUNDRED AND TEN (KSHS.281,610. 00) in favour of the Applicant against the Respondent together with interest at 14% with effect from 22nd May, 2019 pursuant to Rule 7 of the Advocates Remuneration Order.
2. THAT the costs of this Application be provided for.
It is grounded as follows;
1. That the Deputy Registrar taxed and awarded the Applicant herein advocate-client costs of TWO HUNDRED AND EIGHTY ONE THOUSAND, SIX HUNDRED AND TEN (KSHS.281,610. 00) in respect of MISC APPLICATION NUMBER 13 OF 2019.
2. That A Certificate of Taxation dated 25th September, 2019 was issued to the Applicant to that effect.
3. That prior to filing of the said bill the Respondent had been served with Demand Notice dated 22nd May, 2019 to pay the said fees.
This application is not defended, or at all. The Respondent remained mum, despite service.
The Claimant/Respondent in her written submission dated 23rd March, 2021 seek to rely on the authority of Section 51(2) of the Advocates Act provides thus;
“the certificate of 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.”
She further relies on the authority of Nyaundi Tuiyott & Co.Advocates v African Marchant Assurance Co.Limited (2018) eKLR Misc Application No.78 of 2017 where the court observed thus;
“…11. There is no challenge against the Taxation and/or the Certificate of Taxation. The Application was heard unopposed. As regards the interest rates, I find that the provisions of Rule 7 of the Advocates Remuneration Rules provides for interest rates at 14% per annum, payable from the 20th day from the date on which the Bill of Costs was delivered. The Bill of Costs herein was received by the Respondents on 22nd February 2017, therefore interest is payable from the 22nd March 2017…”
She further buttresses her case by reliance on Rule 7 of the Advocates Remuneration Rules which provides thus in support of her case for interest on taxed costs;
“An advocate may charge interest at 14% 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 interests is raised before the amount of bill shall have been paid for or tendered in full”.
Like is expressed earlier, this application is not defended. The respondent has not in any way participated in its litigation. Her case is therefore absent and unknown, making it difficult to come up with a level headed finding.
In as much, the Applicant therefore prays for the judgment to be entered as prayed. Our choices are limited.
I am therefore inclined to allow the application and order as follows;
i) The application dated 28th January, 2021 be and is hereby allowed as prayed.
ii) That judgment be and is hereby entered for the sum of Kshs.281,610. 00 in favour of the Applicant against the Respondent.
iii) The Applicant is entitled to an interest rate of 14% on the Bill of Costs accruing from 25th October, 2019.
iv) That the parties shall bear their costs of the application.
Dated and delivered at Nyeri this 30th day of June, 2021.
D.K.Njagi Marete
JUDGE
Appearances
1. Mr. Mulekyo instructed by Mulekyo & Company Advocates for the Claimant/Applicant
2. No appearance for the Respondent.