[2015] KEHC 1370 (KLR)
The court found that there was no dispute as to retainer and no reference or challenge filed against the taxed costs as evidenced by the consent of both parties on 17th August 2015. In the absence of any challenge, the certificate of taxation is final and conclusive. The applicant was therefore entitled to judgment...
Source-derived case information.
- Citation
- [2015] KEHC 1370 (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 217 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment entered for applicant
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Judgment on Taxed 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 on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the sum awarded in the certificate of taxation.
- 2 Whether there is any valid challenge or reference against the taxed costs.
- 3 Whether interest should be awarded on the taxed sum.
Ratio Decidendi
The court found that there was no dispute as to retainer and no reference or challenge filed against the taxed costs as evidenced by the consent of both parties on 17th August 2015. In the absence of any challenge, the certificate of taxation is final and conclusive. The applicant was therefore entitled to judgment for the sum certified in the certificate of taxation. The court further held that interest at 14% per annum was payable from the date of taxation until payment in full, in accordance with the law and established practice. No order was made as to the costs of the application itself.
Court Disposition
judgment entered for applicant
Orders
- Judgment is entered in favour of the applicant in the sum of KES 8,654,362 as per the certificate of taxation dated 17th August 2015.
- Interest at 14% per annum is awarded from the date of taxation until payment in full.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION NO. 217 OF 2015
NJAGI WANJERU & COMPANY ADVOCATES ……………APPLICANT
VERSUS
NAIROBI CITY COUNTY ………....………………………….RESPONDENT
COURT RULING
The application by the applicant/advocates dated 19th August 2015 seeks for judgment in the sum of kshs 8,654,362 as awarded vide certificate of taxation dated 17th August 2015.
The same is supported by the applicant’s affidavit. I note that there is no issue of retainer and neither is there any reference filed challenging the taxed costs by consent of both parties on the 17th August 2015. In the premise, I enter judgment in the sum of kshs 8,654,362 as prayed together with interest at 14% per annum from the date of taxation until payment in full.
I make no orders as to costs of this application.
Orders accordingly.
R.E. ABURILI
JUDGE
14/10/2015