[2024] KEELC 1678 (KLR)
The court held that since the certificate of taxation for Kshs 64,496 had been issued and there was no reference or challenge to it by the Respondent, the certificate was final and conclusive as to the amount due. Section 51(2) of the Advocates Act and the cited case law make it clear that in such circumstances, the...
Source-derived case information.
- Citation
- [2024] KEELC 1678 (KLR)
- Parties
- Applicant: Njenga Mwaura & Co Advocates; Respondent: Urithi Housing Co-Operative Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E118 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment on Taxed Costs
- Outcome
- judgment entered for applicant
- Judges
- MD Mwangi
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Entry of Judgment, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njenga Mwaura & Co Advocates
Applicant
Urithi Housing Co-Operative Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether the court should enter judgment in favour of the Advocate/Applicant for the taxed costs as per the certificate of taxation.
Ratio Decidendi
The court held that since the certificate of taxation for Kshs 64,496 had been issued and there was no reference or challenge to it by the Respondent, the certificate was final and conclusive as to the amount due. Section 51(2) of the Advocates Act and the cited case law make it clear that in such circumstances, the court is obliged to enter judgment for the sum certified. The Respondent's failure to respond or dispute the retainer or the taxed amount further justified the entry of judgment. Accordingly, judgment was entered for the Applicant for the taxed sum, with interest at court rates from the date of the ruling until payment in full, and the costs of the application were also...
Court Disposition
judgment entered for applicant
Orders
- Judgment is entered in favour of the Advocate/Applicant against the Respondent for the sum of Kshs 64,496 with interest at court rates from the date of this ruling until payment in full.
- The Advocate/Applicant shall have the costs of this application.
Full Case Text
Judgment text and source record
25 paragraphs
Njenga Mwaura & Co Advocates v Urithi Housing Co-operative Limited (Miscellaneous Application E118 of 2022) [2024] KEELC 1678 (KLR) (19 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1678 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Miscellaneous Application E118 of 2022
MD Mwangi, J
March 19, 2024
Between
Njenga Mwaura & Co Advocates
Advocate
and
Urithi Housing Co-Operative Limited
Client
Ruling
1. The application before me is the Advocate’s Notice of Motion application dated 22nd January, 2024 seeking entry of judgement for the taxed costs of Kshs 64,496/= in accordance with the certificate of taxation issued on 8th November 2023 after the taxation of the Advocate – Client bill of costs.
2. The application is premised on the grounds on the face of it and supported by the Affidavit of one Robert Njenga Mwaura sworn on 22nd January, 2024. The deponent has attached a copy of the certificate of taxation confirming the taxation of the Advocate-client costs at Kshs 64,496/=
3. Though the application was duly served on the Respondent and an affidavit of service filed, the Respondent did not file a response to the said application.
Issues for Determination 4. Having perused the Notice of Motion application dated 22nd January, 2024 together with the supporting affidavit thereof, I am of the view that the only issue for determination is whether the court should enter judgment in favour of the Advocate/Applicant as prayed.
Determination 5. Section 51 of the Advocates Act provides that:“(1)Every application for an order for the taxation of an advocate’s bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by an advocate shall be made in the matter of that advocate.(2)The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
6. It is clear from the subsection (2) that the certificate of costs once issued by the Taxing officer is final unless set a side or altered by the court.
7. In the case of Lubulellah & Associates Advocates v N. K. Brothers Limited [2015] eKLR the court observed that;“The law is very clear that once a taxing master has taxed the costs, issued a Certificate of costs and there is no reference against his ruling or there has been a ruling and a determination made and not set aside and/or altered, no other action would be required from the court save to enter judgment.”
8. That being the case herein, the court enters judgement for the Applicant against the Respondent for the sum of Kshs 64,496/=. This figure shall attract interest at court rates from the date of this ruling until payment in full.
9. The Advocate/Applicant shall also have the costs of this Application as prayed for.
10. Consequently, judgement is entered in favour of the Advocate/Applicant against the Respondent for the sum of Kshs 64,496/= with interest from the date of this ruling until payment in full. The Advocate/Applicant shall also have the costs of this application.It is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 19TH DAY OF MARCH, 2024. M.D. MWANGIJUDGEIn the virtual presence of:N/A by the PartiesCourt Assistant: YvetteM.D. MWANGIJUDGE