[2017] KEHC 5371 (KLR)
The court found that the applicant had obtained a certificate of taxation for the sum of Kshs.1,284,439.68, which had not been challenged or set aside by the respondent. In the absence of any response or evidence to the contrary from the respondent, and pursuant to Section 51(2) of the Advocates Act, the certificate...
Source-derived case information.
- Citation
- [2017] KEHC 5371 (KLR)
- Parties
- Applicant: Muthaura Mugambi Ayugi & Njonjo Advocates; Respondent: Francis Sanya Musumbi Agoya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 49 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
- Outcome
- application allowed; judgment entered for applicant for certified amount with interest and costs
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment Entry, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muthaura Mugambi Ayugi & Njonjo Advocates
Applicant
Francis Sanya Musumbi Agoya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
Legal Issues
- 1 Whether the applicant is entitled to judgment for the certified amount on the certificate of taxation.
- 2 Whether interest should be awarded on the taxed amount from the date of filing the bill of costs.
- 3 Whether the respondent has challenged or set aside the certificate of taxation.
Ratio Decidendi
The court found that the applicant had obtained a certificate of taxation for the sum of Kshs.1,284,439.68, which had not been challenged or set aside by the respondent. In the absence of any response or evidence to the contrary from the respondent, and pursuant to Section 51(2) of the Advocates Act, the certificate of taxation is final as to the amount due. The court therefore allowed the application and entered judgment for the applicant for the certified amount, with interest at court rates from the date of filing the bill of costs until payment in full, and ordered the issuance of a decree and costs of the application.
Court Disposition
application allowed; judgment entered for applicant for certified amount with interest and costs
Orders
- Judgment entered for the applicant for Kshs.1,284,439.68 as per the certificate of taxation dated 31st January, 2017.
- The sum shall be paid with interest at court rates from 26th April, 2016 until payment in full.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA, AT NAIROBI
ANTI-CORRUPTION & ECONOMICS CRIME DIVISION
ACEC MISC. APPLICATION NO. 49 OF 2017
MUTHAURA MUGAMBI AYUGI & NJONJO ADVOCATES ….ADVOCATE/APPLICANT
VERSUS
FRANCIS SANYA MUSUMBI AGOYA ………........................….. CLIENT/RESPONDENT
RULING
1. The Applicant brought this Application dated 31st January, 2017 under Section 51 (2) of the Advocates Act, Order 51 (1) Civil Procedure Rules, 2010 and Sections 1A, 1B and 3A of the Civil Procedure Act seeking the following orders;
1. That this Honourable Court be pleased to enter judgment as against the Respondent for certified amount of Kshs.1,284,439. 68 on the Certificate of Taxation herein dated 31st January, 2017.
2. That the said sum of Kshs.1,284,439. 68 be paid with interest at the rate of 14% per annum from 26th April, 2016 which is the date of filing Bill of Costs herein, until payments in full.
3. That pursuant to the entry of judgment, hereinabove, a decree be issued.
4. That the costs of this application be provided for.
2. The Application is premised on the grounds on the face of the Application plus the supporting affidavit of Angela C. Cherono sworn on 31st January, 2017.
The gist of the grounds and supporting affidavit is that the applicant (a firm of advocates) duly represented the respondent in Nairobi Milimani Anti-Corruption Case No. 4 of 2013 – Republic –vs- Francis Sanya Musumbi Agoya.
3. After diligently discharging their duty, the Respondent failed to honour his part of the agreement which required him to pay the legal fees. The Applicant filed an Advocate-Client Bill of Costs on 26th April, 2016 and the same was taxed by the Deputy Registrar on 8th November, 2016, in the Applicant’s favour. The said Bill was taxed in the sum of Kshs.1,284,539. 68 only.
4. A certificate of Taxation dated 31st January, 2017 was issued by the Deputy Registrar.
Section 51 (2) of the Advocates Act provides;
“2. 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 judgment be entered for the sum certified to be due with costs”
The term “court” as used in the Act means the High Court.
5. Despite service of the Notice of Motion and the Hearing Notice, the Respondent has not filed any response to the Application to challenge the averments therein. He did not also attend the hearing.
6. Since the taxation and the resultant Certificate of Taxation have not been challenged, or set aside, it follows that the Certificate of Taxation stands.
The Applicant has averred that the taxed bill of Kshs.1,284,439. 68 has not been settled. There is no evidence showing the contrary.
7. I therefore allow the Application dated 31st January, 2017 in terms of prayers 1, 2, 3 and 4.
Interest shall be at Court rates.
Delivered, signed and dated this 10th day of May, 2017 at Nairobi.
…………………………
HEDWIG I. ONG’UDI
HIGH COURT JUDGE