[2006] KEHC 3568 (KLR)
The court found that the applicant had satisfied all the requirements under Section 51(2) of the Advocates Act: the costs were taxed, a certificate of taxation was issued and not challenged, and there was no dispute as to the retainer. Therefore, the applicant was entitled to judgment for the sum certified in the...
Source-derived case information.
- Citation
- [2006] KEHC 3568 (KLR)
- Parties
- Applicant: Muthoga Gaturu & Company; Respondent: Kenya Commercial Bank Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 465 of 2004
- Procedural Posture
- Miscellaneous Application / Application for Judgment on Taxed Costs
- Outcome
- Judgment entered for the applicant for the taxed sum, with interest and costs.
- Legal Topics
- Taxation of Costs, Advocate Client Fees, Certificate of Taxation, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muthoga Gaturu & Company
Applicant
Kenya Commercial Bank Ltd.
Respondent
Procedural Posture
Miscellaneous Application / Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on a certificate of taxation that has not been set aside or altered.
- 2 Whether the requirements of Section 51(2) of the Advocates Act have been satisfied.
Ratio Decidendi
The court found that the applicant had satisfied all the requirements under Section 51(2) of the Advocates Act: the costs were taxed, a certificate of taxation was issued and not challenged, and there was no dispute as to the retainer. Therefore, the applicant was entitled to judgment for the sum certified in the certificate of taxation, together with interest at court rates from the date of the certificate until payment in full, and the costs of the application.
Court Disposition
Judgment entered for the applicant for the taxed sum, with interest and costs.
Orders
- Judgment is entered for the applicant in the sum of Kshs.268,030.40 with interest at court rates from 27.2.2006 until payment in full.
- The applicant shall have the costs of this application.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL COURTS
Misc Appli 465 of 2004
MUTHOGA GATURU & COMPANY …………………… PLAINTIFF
VERSUS
KENYA COMMERCIAL BANK LTD. ………………….DEFENDANT
RULING/JUDGMENT
This is an application for judgment. The application is brought by M/S Muthoga Gaturu & Company Advocates who acted for the respondent in Nairobi HCCC No.1151 of 2002. The application has been brought under the provisions of Section 51(2) of the Advocates Act Cap. 16 of the Laws of Kenya. The grounds for the application are that the costs as between the applicant and respondent were taxed in the sum of Kshs.268,030. 40. The Deputy Registrar issued a Certificate of Taxation on 27th February 2006 for the said sum. There is no dispute as to the retainer. The Certificate of Taxation has neither been set aside nor altered by the court. The same is therefore final as to the amount of costs covered thereby. The application is supported by an affidavit sworn on 14. 7.2006 by James Otieno Okeyo, an advocate in the applicant firm of advocates. To the said affidavit are annexed copies of the Certificate of Taxation and a letter from the applicants asking for their fees. The application is not opposed.
Section 51(2) of the Advocates Act reads as follows:-
“51(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 that
judgment be entered for the sum certified to be
due with costs.”
This Section gives the court discretion to enter judgment where a suit has not been filed for recovery of costs due to an advocate. This discretion is however, only exercisable where there is no dispute as to the retainer and a certificate of the taxing officer has been issued and has not been successfully challenged.
The applicants have satisfied the requirements of Section 51 (2) of the said Act and are entitled to judgment for the sum in the Certificate of Taxation. Accordingly, judgment is hereby entered for the applicants in the sum of Kshs.268,030. 40 with interest thereon at court rates from 27. 2.2006 until payment in full. The applicants shall also have the costs of this application. It is so ordered.
DATED and DELIVERED at NAIROBI this 5th day of October 2006.
F. AZANGALALA
JUDGE