[2024] KEHC 13618 (KLR)

[2024] KEHC 13618 (KLR)

The court found that the application for adoption of the certificate of taxation was unopposed, as the respondent neither appeared nor filed any reference or opposition. There was no dispute as to retainer or the amount taxed. In accordance with Section 51(2) of the Advocates Act, where a certificate of taxation is...

Source-derived case information.

Citation
[2024] KEHC 13618 (KLR)
Parties
Applicant: Muma Nyagaka & Company Advocates; Respondent: Occidental Insurance Company
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Application E070 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Adoption of Certificate of Taxation as Judgment
Outcome
application allowed; certificate of taxation adopted as judgment for the advocate with interest and decree to issue
Judges
RE Aburili
Legal Topics
Advocate Client Costs, Taxation of Costs, Certificate of Taxation, Judgment Entry
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Certificate of Taxation Judgment Entry

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Parties

Muma Nyagaka & Company Advocates

Applicant

Occidental Insurance Company

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Adoption of Certificate of Taxation as Judgment

Legal Issues

  1. 1 Whether the certificate of taxation issued on 20th June 2024 should be adopted as a judgment of the court on advocate/client costs.
  2. 2 Whether there is any opposition or reference challenging the certificate of taxation.
  3. 3 Whether interest should accrue on the taxed costs from the date of taxation until payment in full.

Ratio Decidendi

The court found that the application for adoption of the certificate of taxation was unopposed, as the respondent neither appeared nor filed any reference or opposition. There was no dispute as to retainer or the amount taxed. In accordance with Section 51(2) of the Advocates Act, where a certificate of taxation is not challenged, the court may enter judgment for the taxed sum. The court therefore adopted the certificate of taxation dated 20th June 2024 as judgment for the advocate against the client in the sum of Kshs.141,146, with interest at court rates from the date of taxation until payment in full. The court also ordered that a decree issue for the taxed costs, each party to bear...

Court Disposition

application allowed; certificate of taxation adopted as judgment for the advocate with interest and decree to issue

Orders

  • The certificate of taxation dated 20/6/2024 is adopted as judgment of the court on advocate/client costs, entering judgment for the advocate in the sum of Kshs.141,146 against the client/respondent.
  • The taxed costs of Kshs.141,146 shall earn interest at court rates from date of taxation until payment in full.