[2015] KEHC 1365 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as there was no pending issue of retainer and no reference challenging the taxation. The advocate had served notice under Paragraph 7 of the Advocates Remuneration Order to charge interest at 14% per annum. Accordingly, judgment was...
Source-derived case information.
- Citation
- [2015] KEHC 1365 (KLR)
- Parties
- Applicant: Njagi Wanjeru & Company Advocates; Respondent: Nairobi City County
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 216 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment for Taxed Costs
- Outcome
- judgment for applicant
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njagi Wanjeru & Company Advocates
Applicant
Nairobi City County
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment for Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for taxed costs as against the respondent.
- 2 Whether interest at 14% per annum is payable on the taxed costs from the date of taxation.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as there was no pending issue of retainer and no reference challenging the taxation. The advocate had served notice under Paragraph 7 of the Advocates Remuneration Order to charge interest at 14% per annum. Accordingly, judgment was entered for the applicant for the taxed sum together with interest at the specified rate from the date of taxation until payment in full.
Court Disposition
judgment for applicant
Orders
- Judgment entered for the applicant in the sum of KES 2,328,978.00 against the respondent.
- Interest at 14% per annum from the date of taxation until payment in full.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION NO. 216 OF 2015
NJAGI WANJERU & COMPANY ADVOCATES ………….APPLICANT
VERSUS
NAIROBI CITY COUNTY …………………………………..RESPONDENT
COURT RULING
The advocate/applicant’s application is dated 19th August 2015. It is supported by the affidavit of the applicant sworn on 19th August 2015.
The applicant seeks for judgment for taxed costs. The costs were taxed by consent and therefore there is no issue of retainer pending. Neither is there any reference challenging the taxation. The advocate did send notice under Paragraph 7 of the Advocates Remuneration Order seeking to charge interest at the rate of 14% per annum. The same is dated 10th February 2010.
In the premise, I enter judgment for kshs 2,328,978. 00 in favour of the advocate applicant against the respondent client together with interest at 14% per annum from the date of taxation until payment in full. There is no reason why the advocate did not tax the bills in 2010.
I make no orders as to costs.
Orders accordingly.
R.E. ABURILI
JUDGE
14/10/2015