[2013] KEHC 6098 (KLR)
The court found that the client, by paying the advocate KShs 310,000, acquiesced to the transfer of her brief from her former advocates and did not dispute that the new advocate performed work on her behalf. The client did not challenge the certificate of taxation, nor did she set it aside or vary it. The court held...
Source-derived case information.
- Citation
- [2013] KEHC 6098 (KLR)
- Parties
- Applicant: Muriithi Kireria & Associates; Respondent: Jane Wanja Njiru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 417 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment Upon Certificate of Taxation
- Outcome
- Application allowed; judgment entered for the advocate as prayed plus costs.
- Judges
- DW Mbuteti
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Retainer Dispute, Remuneration Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muriithi Kireria & Associates
Applicant
Jane Wanja Njiru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment Upon Certificate of Taxation
Legal Issues
- 1 Whether the advocate is entitled to judgment upon a certificate of taxation of costs.
- 2 Whether there is a dispute as to retainer between the advocate and the client.
- 3 Whether the client has grounds to challenge the taxed costs after failing to attend taxation.
Ratio Decidendi
The court found that the client, by paying the advocate KShs 310,000, acquiesced to the transfer of her brief from her former advocates and did not dispute that the new advocate performed work on her behalf. The client did not challenge the certificate of taxation, nor did she set it aside or vary it. The court held that there was no dispute as to retainer and, in the absence of any challenge to the taxed costs, the advocate was entitled to judgment as prayed. The client's complaint regarding the quantum of costs was a matter for taxation, which she failed to contest at the appropriate stage. Accordingly, the application for judgment upon the certificate of taxation was allowed.
Court Disposition
Application allowed; judgment entered for the advocate as prayed plus costs.
Orders
- Judgment is entered for the advocate as prayed upon the certificate of taxation.
- The client shall pay the taxed costs plus costs of the application.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
MISC APPLICATION NO. 417 OF 2012
IN THE MATTER OF THE ADVOCATES ACT CAP 16 LAWS OF KENYA
AND
IN THE MATTER OF THE ADVOCATES (REMUNERATION) ORDER
MURIITH KIRERIA & ASSOCIATES, ADVOCATES .........ADVOCATE
VERSUS
JANE WANJA NJIRU……………………………………............ CLIENT
R U L I N G
1. The notice of motion dated 5th February 2013 brought under section 51(2) of the Advocates Act, Cap 16 (the Act) seeks judgment upon a certificate of taxation of costs. The taxation proceeded ex parte upon the Client’s failure to attend despite notice. The taxation has not been challenged, and the certificate of taxation has not been varied or set aside.
2. The Client has opposed the application by her own replying affidavit filed on 1st March 2013. She depones that she never instructed the Advocate to act for her and that the brief was passed on to him by her former advocates, Mathaura Kiome & Company, Advocates to whom she had paid a total of KShs 1,740,000/00 as their legal fees and costs.
3. The Client has further deponed that the new advocates, Muriithi Kireria & Associates, demanded KShs 310,000/00 which she paid. At paragraph 10 she depones –
“10 …I do not intend and I have no intention of depriving the Applicant payment of any legal fees, but they had not received any instructions from me to act on my behalf and I have already paid a sum of…KShs 2,050,000/00 which sum would cover the amount the Applicant is praying for…”
4. By paying the Advocate KShs 310,000/00 the Client acquiesced to the brief of her case being passed over to him by her former advocates. Otherwise she would not have agreed to pay the amount demanded by the new advocate. She does not complain that the new advocate did not do any work. Her complaint is that she has been asked to pay too much towards advocate’s costs. That is an issue of taxation that ought to have been taken up at taxation.
5. I find that there is no dispute as to retainer. As already pointed out the certificate of taxation has not been set aside or varied. There is no reason to deny the Advocate judgment upon his taxed costs.
6. I will therefore allow the application and enter judgment as prayed plus costs. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 6TH DAY OF JUNE 2013
H.P.G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 7TH DAY OF JUNE 2013