[2024] KEHC 13620 (KLR)
The court found that the certificate of taxation issued on 20th June 2024 was properly served on the respondent, who neither filed a reference nor opposed the application for its adoption as judgment. There was no dispute as to retainer or the amount taxed. In the absence of any challenge, and pursuant to Section...
Source-derived case information.
- Citation
- [2024] KEHC 13620 (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 E071 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
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muma Nyagaka & Company Advocates
Applicant
Occidental Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Adoption of Certificate of Taxation as Judgment
Legal Issues
- 1 Whether the certificate of taxation issued on 20th June 2024 should be adopted as a judgment of the court in favour of the advocate.
- 2 Whether there is any valid opposition or reference challenging the certificate of taxation.
- 3 Whether interest should accrue on the taxed costs from the date of taxation.
Ratio Decidendi
The court found that the certificate of taxation issued on 20th June 2024 was properly served on the respondent, who neither filed a reference nor opposed the application for its adoption as judgment. There was no dispute as to retainer or the amount taxed. In the absence of any challenge, and pursuant to Section 51(2) of the Advocates Act, the court allowed the application, adopted the certificate of taxation as judgment, and ordered that the taxed costs of Kshs.77,747 would accrue interest at court rates from the date of taxation until payment in full. The court further directed issuance of a decree and set timelines for settlement and execution.
Court Disposition
application allowed; certificate of taxation adopted as judgment for the advocate
Orders
- The certificate of taxation dated 20/6/2024 is adopted as judgment of the court for Kshs.77,747 in favour of the advocate against the client/respondent.
- The taxed costs of Kshs.77,747 shall earn interest at court rates from the date of taxation until payment in full.
Full Case Text
Judgment text and source record
21 paragraphs
Muma Nyagaka & Company Advocates v Occidental Insurance Company Limited (Miscellaneous Application E071 of 2024) [2024] KEHC 13620 (KLR) (7 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13620 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E071 of 2024
RE Aburili, J
November 7, 2024
Between
Muma Nyagaka & Company Advocates
Advocate
and
Occidental Insurance Company Limited
Client
(An application for adoption of certificate of taxation in an advocate/ client costs matter following legal representation in Nyando PMCC 8 of 2015)
Ruling
1. The application dated 19th July 2024 was served upon the Respondent’s counsel on 8th October 2024 as per the filed affidavit of service dated 8th October 2024.
2. The directions and orders of this court made on 26th September 2024 were also served upon the Respondent’s counsel who attended the taxation before the Deputy Registrar and took the Ruling on taxation on 20th June 2024.
3. The Respondent is absent and there is no Reference filed to challenge the certificate of taxation issued on 11th July 2024. There is also no dispute as to retainer and neither is there any position to the application for conversion of the certificate of taxation into judgment of this court.
4. Accordingly, the application dated 19th July 2024 which is not opposed is hereby allowed as follows:-1. The Certificate of taxation dated 20/6/2024 issued pursuant to the Ruling dated 20th June 2024 is adopted as Judgment of this court on advocate/client costs, entering Judgment for the advocate in the sum of Kshs.77,747 against the Client/Respondent.2. The taxed costs of Kshs.77,747 shall earn interest at court rates from date of taxation until payment in full.3. Decree to issue for the said taxed costs.4. Each party to bear their own costs of the application dated 19th July 2024. 5.The Applicant/Advocate to serve this Ruling and Decree upon the Client/Respondent giving it 14 days to settle and in default, execution to issue.6. Mention before the Deputy Registrar on 28th November 2024 to confirm settlement of the decretal sum.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 7THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE