[2023] KEELC 18341 (KLR)
The court found that the applicant's Advocate-Client Bill of Costs was taxed at Kshs 520,296.20 and a Certificate of Taxation was issued on May 31, 2021. The respondents were served but did not file any objection, response, or reference against the taxation. The certificate remains unaltered, set aside, or varied....
Source-derived case information.
- Citation
- [2023] KEELC 18341 (KLR)
- Parties
- Applicant: Munyithya, Mutugi , Umara & Muzna Co Advocates; Respondent: Zephania Gicheha Waweru; Respondent: Board Of Governors; Respondent: St Joens Kings Academy
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 12 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
- Outcome
- Application allowed as prayed. Judgment entered for the applicant on the Certificate of Taxation.
- Judges
- NA Matheka
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Entry of Judgment, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Munyithya, Mutugi , Umara & Muzna Co Advocates
Applicant
Zephania Gicheha Waweru
Respondent
Board Of Governors
Respondent
St Joens Kings Academy
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
Legal Issues
- 1 Whether the court should enter judgment on the Certificate of Taxation dated May 31, 2021 for Kshs 520,296.20.
- 2 Whether interest at 14% should accrue from the date of the Certificate of Taxation until payment in full.
- 3 Whether the respondents have objected to or challenged the taxation.
Ratio Decidendi
The court found that the applicant's Advocate-Client Bill of Costs was taxed at Kshs 520,296.20 and a Certificate of Taxation was issued on May 31, 2021. The respondents were served but did not file any objection, response, or reference against the taxation. The certificate remains unaltered, set aside, or varied. In the absence of any challenge, and pursuant to Section 51(2) of the Advocates Act, the court held that the applicant is entitled to judgment for the taxed costs. The application was unopposed and merited, and the court granted the orders as prayed, including interest and costs.
Court Disposition
Application allowed as prayed. Judgment entered for the applicant on the Certificate of Taxation.
Orders
- Judgment is entered on the Certificate of Taxation dated May 31, 2021 for Kshs 520,296.20.
- Interest at 14% per annum to accrue from the date of the Certificate of Taxation until payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
Munyithya, Mutugi , Umara & Muzna Co Advocates v Waweru & 2 others (Environment and Land Miscellaneous Application 12 of 2018) [2023] KEELC 18341 (KLR) (21 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18341 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Environment and Land Miscellaneous Application 12 of 2018
NA Matheka, J
June 21, 2023
Between
Munyithya, Mutugi , Umara & Muzna Co Advocates
Applicant
and
Zephania Gicheha Waweru
1st Respondent
Board Of Governors
2nd Respondent
St Joens Kings Academy
3rd Respondent
Ruling
1The Application is dated October 22, 2021 and is brought under Sections 1A, 1B and 3A of the Civil Procedure Act, Cap 21, Laws of Kenya, Section 51(2) of the Advocates Act seeking the following orders; 1. That this Honourable court do enter judgment on the Certificate of Taxation dated May 31, 2021 for an amount of Kshs 520,296. 20.
2. That interest of 14% to accrue from the date of issue of Certificate of Taxation till payment in full.
3. That costs of this application be provided for.
2It is application is supported by the sworn affidavit of Simon PM Mutugi and based on the following grounds that the Applicants herein filed their Advocate-Client Bill of Costs dated January 26, 2016 emanating from the Respondents’ instructions to institute a suit against Saha Ahmed and Samuel Bisase for trespass. That the Respondents herein were served with the requisite Notice of Taxation and the Bill of costs was taxed inter-parties. That the Bill of costs was taxed at Kshs 520,296. 20 and a Certificate of Taxation was issued on the May 31, 2021. That the Respondents have not lodged any objection to the taxation and there is no indication of any reference being filed relating to the same. That the Certificate of costs has not been altered, set aside or varied since issued. That the Applicants are unable to proceed with the execution process so as to recover the amount as there is no decree. That this application is made in the best interest of justice.
3This court has considered the application and the supporting affidavit. The same was served but the Respondent failed to attend court or file any response. There no reference has been filed against the Taxation. I find the same is unopposed. I find the application is merited and I grant it as prayed.
4It is so ordered.
DELIVERED, DATED AND SIGNED AT MOMBASA THIS 21ST JUNE 2023. N.A. MATHEKAJUDGE