[2005] KEHC 2647 (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. In the absence of any challenge to the retainer or the amount taxed, and in...
Source-derived case information.
- Citation
- [2005] KEHC 2647 (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
- 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 the applicant is entitled to judgment on the taxed costs as per the certificate of taxation.
- 2 Whether the retainer between the applicant and respondent is disputed.
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. In the absence of any challenge to the retainer or the amount taxed, and in accordance with Section 51(2) of the Advocates Act, the court granted judgment as prayed for the taxed costs.
Court Disposition
application allowed
Orders
- Judgment is entered for the applicant against the respondent 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
9 paragraphs
IN THE HIGH COURT AT NAIROBI MISCELLANEOUS APPLICATION NO. 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