[2021] KEHC 2181 (KLR)
The court found that the applicant had a valid certificate of taxation for Kshs 62,394.00, which had not been set aside or altered. The respondent was duly served but failed to attend or oppose the application. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified...
Source-derived case information.
- Citation
- [2021] KEHC 2181 (KLR)
- Parties
- Applicant: Ngaywa Ngigi & Kibet Advocates; Respondent: Xplico Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 163 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certified Costs
- Outcome
- judgment for applicant on certified costs; no order as to costs of application
- Legal Topics
- Taxation of Costs, Judgment on Certified Costs, Advocate Client Costs
- Source Language
- en
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 Certified Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the applicant for the certified costs against the respondent.
- 2 Whether the respondent was properly served and failed to attend the hearing.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had a valid certificate of taxation for Kshs 62,394.00, which had not been set aside or altered. The respondent was duly served but failed to attend or oppose the application. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified in the certificate of taxation. Accordingly, judgment was entered for the applicant for the certified sum. No order was made as to the costs of the application itself.
Court Disposition
judgment for applicant on certified costs; no order as to costs of application
Orders
- Judgment is entered in favour of the applicant against the respondent for Kshs 62,394.00 as certified costs.
- No order as to costs of this application.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIVASHA
CORAM: HON. LADY JUSTICE G. NGENYE, J
MISCELLANEOUS CIVIL APPLICATION NO. 163 OF 2019
NGAYWA NGIGI & KIBET ADVOCATES.............................................................APPLICANT
-VERSUS-
XPLICO INSURANCE COMPANY LIMITED..................................................RESPONDENT
RULING
1. I have considered the Applicant’s Notice of Motion application dated 16th March, 2021. The same is brought under Section 51 (2) of the Advocates Act, Chapter 16 Laws of Kenya. It prays that judgment be entered in favour of the Applicant against the Respondent for the sum of Kshs 62,394. 00 being the certified costs due to the Applicant as against the Respondent and for costs of the application.
2. I have noted that the Respondent was notified of today’s hearing date but failed to attend as per the Affidavit of Service filed on 25th August, 2021. A certificate of Taxation dated 5th March, 2020 was drawn by the Hon. Deputy Registrar for the said sum of Kshs 62,394/=.
3. Accordingly, I enter Judgment against the Respondent for the said sum of Kshs 62,394/=. I give no orders as to costs of this application.
DATED AND DELIVERED AT NAIVASHA THIS 19TH DAY OF OCTOBER, 2021.
G. NGENYE
JUDGE
In the presence of:-
1. Bosire holding brief for Mr. Ngigi for the Applicant
2. No representation for the Respondent
3. Court Assistant - Quinter Ogutu