[2022] KEHC 12426 (KLR)
The court found that the applicant had established a case for judgment on the taxed costs, as the certificate of taxation had not been set aside or challenged, and the retainer was not disputed. In accordance with Section 51(2) of the Advocates Act, the court held that the applicant was entitled to judgment for the...
Source-derived case information.
- Citation
- [2022] KEHC 12426 (KLR)
- Parties
- Applicant: Joseph N Ngingi t/a Ngaywa Ngigi & Kibet Advocates; Respondent: Invesco Assurance Co Ltd
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 2 of 2020
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Application for Judgment on Taxed Costs
- Outcome
- Judgment entered for the applicant for the sum of Kshs. 185,314 together with interest as prayed.
- Judges
- J Wakiaga
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation, Judgment on Certified Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph N Ngingi t/a Ngaywa Ngigi & Kibet Advocates
Applicant
Invesco Assurance Co Ltd
Respondent
Procedural Posture
Miscellaneous Civil Case / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the certified taxed costs under Section 51(2) of the Advocates Act.
- 2 Whether the respondent has disputed the retainer or challenged the certificate of taxation.
Ratio Decidendi
The court found that the applicant had established a case for judgment on the taxed costs, as the certificate of taxation had not been set aside or challenged, and the retainer was not disputed. In accordance with Section 51(2) of the Advocates Act, the court held that the applicant was entitled to judgment for the certified sum together with interest as prayed.
Court Disposition
Judgment entered for the applicant for the sum of Kshs. 185,314 together with interest as prayed.
Orders
- Judgment is entered for the applicant for Kshs. 185,314 together with interest thereon as prayed.
Full Case Text
Judgment text and source record
21 paragraphs
Ngingi t/a Ngaywa Ngigi & Kibet Advocates v Invesco Assurance Co Ltd (Miscellaneous Civil Case 2 of 2020) [2022] KEHC 12426 (KLR) (20 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12426 (KLR)
Republic of Kenya
In the High Court at Murang'a
Miscellaneous Civil Case 2 of 2020
J Wakiaga, J
July 20, 2022
Between
Joseph N Ngingi t/a Ngaywa Ngigi & Kibet Advocates
Applicant
and
Invesco Assurance Co Ltd
Respondent
Ruling
1. By a Notice of Motion dated 15th July 2021 under Section 51(2) of the advocates Act the applicant sough for judgment for the sum of Kenya shillings one hundred and eighty-five thousand three hundred and forty only (Kshs. 185,314/=) being the certified cost due to the applicant as against the respondent.
2. It was based on the grounds that the Advocate –Client cost due had been taxed and a certificate of taxation issued and that there was no disputed that the respondent had retained the applicant. It was further supported by the affidavit of one Joseph N. Ngigi in which he deposed that applicant represented the respondents insured in Muranga SRMCC No 68 of 2021 Beatrice Wangui Maina v Daniel Wainaina & others and that arising thereon, the bill of cost was taxed and a certificate issued on 26th august 2020.
3. It was contended that despite the taxation thereon, the respondent failed and or neglected to settle the taxed cost.
4. The respondent despite being duly served, did not respond, neither did the same attend the hearing thereon.
Determination 5. Section 51(2) of the Advocates Act provides that, the certificate of taxing office by whom any bill has taxed shall unless set aside by the court, be final as to the amount covered thereby and the court shall make such orders as it think fit including where the retainer is not disputed, an order that judgement be entered for the sum certified to be due with cost.
6. In this matter the retainer I not disputed and the respondent has not challenged the bill of cost to have the same set aside or altered and therefore find and hold that the appellant has made up a case for the grant of orders sought and therefore enter judgment for the applicant for the sum of Kshs. 185,314/= together with interest thereon as prayed for and it is ordered.
DATED SIFGNED AND DELIVERED AT MURANGA THIS 20TH DAY OF JULY 2022J. WAKIAGAJUDGEIn the presence;-Carol Mutahi Court clerk