[2019] KEHC 514 (KLR)

[2019] KEHC 514 (KLR)

The court held that, despite the application being uncontested, it is incumbent upon the applicant to aver in the supporting affidavit that the conditions of taxation have been satisfied and that the Certificate of Costs has not been set aside, altered, varied, or appealed against. The applicant's affidavit only...

Source-derived case information.

Citation
[2019] KEHC 514 (KLR)
Parties
Applicant: Ngaywa Ngigi & Kibet Advocates; Respondent: Xplico Insurance Company Limited
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Case Number
Miscellaneous Application 77 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
leave_to_amend
Judges
A Mshila
Legal Topics
Taxation of Costs, Certificate of Costs, Uncontested Applications
Source Language
en
Civil Procedure Taxation of Costs Certificate of Costs Uncontested Applications

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ngaywa Ngigi & Kibet Advocates

Applicant

Xplico Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for the certified taxed costs under section 51(2) of the Advocates Act.
  2. 2 Whether the applicant has satisfied the evidentiary requirements for judgment to be entered on the certificate of costs.

Ratio Decidendi

The court held that, despite the application being uncontested, it is incumbent upon the applicant to aver in the supporting affidavit that the conditions of taxation have been satisfied and that the Certificate of Costs has not been set aside, altered, varied, or appealed against. The applicant's affidavit only referenced the respondent's refusal to pay and the taxation of the Bill of Costs, but did not address whether the Certificate of Costs had been challenged or remained unaltered. The court, as a court of record, must be satisfied by the material placed before it that the statutory requirements are met before exercising its discretion to enter judgment. As the necessary averments...

Court Disposition

leave_to_amend

Orders

  • The applicant is granted leave to file a Supplementary Affidavit to address the omissions identified by the court.