[2015] KEHC 5966 (KLR)
The court found that the applicant, having obtained a certificate of costs for Kshs. 3,500,000 and there being no dispute as to the retainer, was entitled to judgment for the certified sum. The respondents did not oppose the application or dispute the retainer. Section 51(2) of the Advocates Act was applied, which...
Source-derived case information.
- Citation
- [2015] KEHC 5966 (KLR)
- Parties
- Applicant: Munyithya, Mutugi, Umara & Muzna Company Advocates (Formerly Joseph Munyithya & Company Advocates); Respondent: Beatrice Silu Mutiso; Respondent: Amos K. Mutiso
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 79 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Notice of Motion for Judgment on Taxed Costs
- Outcome
- Judgment entered for the applicant for Kshs. 3,500,000 plus interest at 14% per annum from 1st August 2014 and costs of the notice of motion.
- Judges
- MM Kasango
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Costs, Judgment on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Munyithya, Mutugi, Umara & Muzna Company Advocates (Formerly Joseph Munyithya & Company Advocates)
Applicant
Beatrice Silu Mutiso
Respondent
Amos K. Mutiso
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of costs.
- 2 Whether interest at 14% per annum from 1st August 2014 is payable on the taxed costs.
- 3 Whether the applicant is entitled to costs of the notice of motion.
Ratio Decidendi
The court found that the applicant, having obtained a certificate of costs for Kshs. 3,500,000 and there being no dispute as to the retainer, was entitled to judgment for the certified sum. The respondents did not oppose the application or dispute the retainer. Section 51(2) of the Advocates Act was applied, which provides that the certificate of the taxing officer is final as to the amount unless set aside or altered by the court. The court therefore entered judgment for the applicant for the taxed costs, with interest at 14% per annum from 1st August 2014, and awarded the applicant the costs of the notice of motion.
Court Disposition
Judgment entered for the applicant for Kshs. 3,500,000 plus interest at 14% per annum from 1st August 2014 and costs of the notice of motion.
Orders
- Judgment for the applicant for Kshs. 3,500,000.
- Interest at 14% per annum from 1st August 2014 on the principal sum.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. CIVIL APPLICATION NO. 79 OF 2013
IN THE MATTER OF: THE ADVOCATES ACT CHAPTER 16 LAWS OF KENYA
AND
IN THE MATTER OF: ADVOCATE-CLIENT BILL OF COSTS
BETWEEN
MUNYITHYA, MUTUGI, UMARA & MUZNA COMPANY ADVOCATES
(FORMERLY JOSEPH MUNYITHYA & CO. ADVOCATES)
AND
BEATRICE SILU MUTISO AND AMOS K. MUTISO (Sued as Administrators of the Estate of GABRIEL MUTISO MAANDA)
ARISING OUT OF
HC SUCCESSION CAUSE NO. 130 OF 2009–MOMBASA
IN THE MATTER OF: THE ESTATE OF GABRIEL MUTISO MAANDA
MUNYITHYA, MUTUGI, UMARA & MUZNA COMPANY ADVOCATES
(Formerly Joseph Munyithya & Company Advocates)……………APPLICANT
V E R S U S
BEATRICE SILU MUTISO………………………………………..1ST RESPONDENT
AMOS K. MUTISO…………………………………………......... 2ND RESPONDENT
RULING
1. The Notice of Motion dated 2nd October 2014 though served upon the Respondents was not opposed at the hearing on 17th February 2015. The Respondents though served did not attend Court.
2. The Respondents were represented by the Applicant in the filing and prosecution of Petition for grant of Letters of Administration. It is from that relationship of Advocate and client that taxation by consent was done by the Taxing Master of this Court resulting in the issuance of a Certificate of Costs dated 1st August 2014 for the amount of Kshs. 3,500,000/-.
3. The Applicant has moved this Court by the Notice of Motion seeking judgment be entered for those taxed costs of Kshs. 3,500,000/- with interest at 14%. Applicant has moved this Court under the provisions of Section 51(2) of the Advocates Act, Cap 16 which provides:-
“The Certificate of the 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.”
There being no dispute on retainer I do find that the Applicant is entitled to the order sought.
4. There shall be judgment for the Applicant for Kshs. 3,500,000/- plus interest at 14% per annum with effect from 1st August 2014. The Applicant is also awarded costs of Notice of Motion dated 2nd October 2014.
It is so ordered.
DATED and DELIVERED at MOMBASA this 19TH day of MARCH, 2015.
MARY KASANGO
JUDGE