[2005] KEHC 195 (KLR)
The court found that the application for judgment on taxed costs was meritorious because the certificate of taxation was produced, the retainer was not disputed, and the application was duly served on the respondent who did not oppose it. Accordingly, the court exercised its discretion under Section 51(2) of the...
Source-derived case information.
- Citation
- [2005] KEHC 195 (KLR)
- Parties
- Applicant: Nduati Charagu & Company Advocates; Respondent: Zacky Hinga Munyua
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 102 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant as prayed
- Judges
- CN Mugo
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nduati Charagu & Company Advocates
Applicant
Zacky Hinga Munyua
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant on the basis of a certificate of taxation under Section 51(2) of the Advocates Act.
- 2 Whether the retainer between the applicant and respondent is disputed.
- 3 Whether the application was properly served and unopposed.
Ratio Decidendi
The court found that the application for judgment on taxed costs was meritorious because the certificate of taxation was produced, the retainer was not disputed, and the application was duly served on the respondent who did not oppose it. Accordingly, the court exercised its discretion under Section 51(2) of the Advocates Act to enter judgment for the applicant as prayed.
Court Disposition
application allowed; judgment entered for applicant as prayed
Orders
- Judgment is entered for the applicant Nduati Charagu & Company Advocates against the respondent Zacky Hinga Munyua for the sum of Kshs. 230,080 as per the certificate of taxation dated 19th November 2004.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Application 102 of 2004
NDUATI CHARAGU & COMPANY ADVOCATES…….…………… PLAINTIFF
VERSUS
ZACKY HINGA MUNYUA…………………………………………... DEFENDANT
RULING
The applicant herein Nduati Charagu & Company Advocates have moved the Court by way of a Notice of Motion dated 10th December 2004 brought under Section 51 (2) of the Advocates Act and Order 50 Rule 1 of the Civil Procedure Rules.
They are seeking orders that a judgment be entered on the taxed costs due from Zacky Hinga Munyua whom they represented in Criminal Case NO. 3541 of 2001 at Kibera Law Courts as per proceedings produced in this Court for perusal along with the Certificate of Taxation dated 19th November 2004 in which their advocates/clients Bill was taxed at Kshs.230,080/=.
From the said documents and being satisfied that the application had been duly served on the Respondent it is quite clear that the retainer herein is not disputed. The application having not been opposed and on the submissions of Counsel (applicant) I find this application meritorious.
The same is allowed and orders granted as prayed.
Dated and Delivered at Nairobi this 18th day of February, 2005
M.G. Mugo
Judge
In the presence of:
Mr. Charagu present for the Applicant
Ex parte application