[2024] KEHC 13619 (KLR)

[2024] KEHC 13619 (KLR)

The court found that the application for adoption of the certificate of taxation was unopposed, the respondent had been duly served, and there was no reference or dispute as to retainer. In accordance with Section 51(2) of the Advocates Act, the court held that it was proper to adopt the certificate of taxation as...

Source-derived case information.

Citation
[2024] KEHC 13619 (KLR)
Parties
Applicant: Muma Nyagaka & Company Advocates; Respondent: Occidental Insurance Company Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Application E069 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Adoption of Certificate of Taxation as Judgment
Outcome
application allowed; certificate of taxation adopted as judgment for the advocate against the client.
Judges
RE Aburili
Legal Topics
Advocate Client Costs, Taxation of Costs, Certificate of Taxation, Conversion to Judgment
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Certificate of Taxation Conversion to Judgment

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Parties

Muma Nyagaka & Company Advocates

Applicant

Occidental Insurance Company Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the certificate of taxation dated 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.

Ratio Decidendi

The court found that the application for adoption of the certificate of taxation was unopposed, the respondent had been duly served, and there was no reference or dispute as to retainer. In accordance with Section 51(2) of the Advocates Act, the court held that it was proper to adopt the certificate of taxation as judgment for the advocate against the client for the taxed sum. The court further ordered that interest would accrue on the taxed costs from the date of taxation until payment in full, and that a decree would issue for the said amount. The absence of opposition or challenge from the respondent was decisive in granting the orders sought by the applicant.

Court Disposition

application allowed; certificate of taxation adopted as judgment for the advocate against the client.

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.198,788 against the client/respondent.
  • The taxed costs of Kshs.198,788 shall earn interest at court rates from date of taxation until payment in full.