[2023] KEHC 17487 (KLR)
The court found that the applicant was instructed by the respondent, the bill of costs was taxed, and a certificate of costs was issued. The respondent did not file any objection or reference against the taxed bill, nor did they dispute the retainer. Under Section 51(1) and (2) of the Advocates Act, the certificate...
Source-derived case information.
- Citation
- [2023] KEHC 17487 (KLR)
- Parties
- Applicant: Muri Mwaniki & Mwiti Advocates; Respondent: Gateway Insurance Co Ltd
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 69 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs plus interest and costs of the application.
- Judges
- J Wakiaga
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Cost, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muri Mwaniki & Mwiti Advocates
Applicant
Gateway Insurance Co Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the sum certified in the certificate of costs.
- 2 Whether there is any valid objection or reference against the taxed bill of costs.
- 3 Whether the retainer of the applicant by the respondent is disputed.
Ratio Decidendi
The court found that the applicant was instructed by the respondent, the bill of costs was taxed, and a certificate of costs was issued. The respondent did not file any objection or reference against the taxed bill, nor did they dispute the retainer. Under Section 51(1) and (2) of the Advocates Act, the certificate of costs is final as to the quantum payable, and the applicant is entitled to judgment for the certified sum with interest. The application was therefore merited and allowed.
Court Disposition
application allowed; judgment entered for applicant for taxed costs plus interest and costs of the application.
Orders
- Judgment is entered for the applicant for Kshs. 260,838 as taxed by the Taxing Master.
- Interest to accrue from the date of filing of the bill of costs until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
Muri Mwaniki & Mwiti Advocates v Gateway Insurance Co Ltd (Miscellaneous Application 69 of 2015) [2023] KEHC 17487 (KLR) (17 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17487 (KLR)
Republic of Kenya
In the High Court at Murang'a
Miscellaneous Application 69 of 2015
J Wakiaga, J
May 17, 2023
Between
Muri Mwaniki & Mwiti Advocates
Applicant
and
Gateway Insurance Co Ltd
Respondent
Ruling
1. By a Notice of Motion dated 31st October 2017 brought under Section 51(2) of the Advocates Act, rule 7 of the Advocates (Remuneration Order and Order 51 Rule 1 of the Civil Procedure Rules, the Applicant moved the Court for an Order that Judgement be entered for the sum of Kshs.260,000 in cost certified by the taxing officer on 4th May 2017 together with interest thereon.
2. The application was supported by the affidavit of Kageni Kimathi Advocate in which he deposed that they were instructed by the Respondent to defend the suit in Muranga CMCC No 135 of 2007 and that upon conclusion thereof they taxed their bill of cost and a certificate thereon issued which they now wish to execute.
3. The Respondent was dully served but opted not to file any response to the application.
4. It is not disputed that the Advocate client bill of cost was taxed and a certificate issued thereon. The client has not filed any objection and or reference against the said bill of cost a s taxed and further there is no dispute as to the retainer of the Applicant by the Respondent and therefore the certificate of cost herein is final as to the quantum payable under the provisions of Section 51(1) of the Advocates Act.
5. I am therefore satisfied that the Applicant has made up a case for the grant of Orders sought and is ent]itled to Judgement as prayed.
Disposition 6. The Notice of Motion herein has merit and is allowed. Judgment is entered for the Applicant for the sum of Kenya shillings Two Hundred and Sixty Thousand Eight Hundred and Thirty-Eight (Kshs.260,838) as taxed by the Taxing Master together with interest thereon from the date of filing of the bill of cost until payment in full.
7. The Applicant is entitled to the cost of this application. And it is ordered.
DATED SIGNED AND DELIVERED AT MURANGA THIS 17TH DAY OF MAY 2023J. WAKIAGAJUDGEIn the presence of:No appearance by the partiesJackline - Court Assistant