[2010] KEHC 3056 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of costs issued by the deputy registrar. The certificate had not been set aside or altered, and the retainer was not disputed by the respondent. The respondent did not oppose the application. In accordance with section 51(2) of the...
Source-derived case information.
- Citation
- [2010] KEHC 3056 (KLR)
- Parties
- Applicant: Nyakundi & Co. Advocates; Respondent: Lari Dairies Alliance Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 688 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certified Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the certified costs and further court fees, with costs and interest at court rates.
- Judges
- FI Koome
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Costs, Judgment on Certified Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyakundi & Co. Advocates
Applicant
Lari Dairies Alliance Ltd.
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certified Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on the certified costs and further court fees.
- 2 Whether the respondent has disputed the retainer or challenged the certificate of costs.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of costs issued by the deputy registrar. The certificate had not been set aside or altered, and the retainer was not disputed by the respondent. The respondent did not oppose the application. In accordance with section 51(2) of the Advocates Act, the court held that the applicant was entitled to judgment for the certified costs and further court fees, together with the costs of the application and interest at court rates from the date of the ruling.
Court Disposition
Application allowed. Judgment entered for the applicant for the certified costs and further court fees, with costs and interest at court rates.
Orders
- Judgment entered for the applicant for Ksh.378,000/- being the certified costs.
- Judgment entered for the applicant for Ksh.19,380/- being further court fees.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) MISCELLANEOUS CASE 688 OF 2009
NYAKUNDI & CO. ADVOCATES …………………………………….APPLICANT
VERSUS
LARI DAIRIES ALLIANCE LTD. ……………………………………RESPONDENT
RULING
1. The notice of motion dated12th January 2010is brought under the provisions of section 51(2) of the Advocates Act.The applicants seeks for an order that judgment be entered against the respondent for the sum of Ksh.378,000/- being the certified costs and Ksh.19,380/- being the further court fees.This application is premised on the grounds that the Advocates Bill of costs was taxed.The advocate had to pay additional court fees and the retainer is not disputed.The application is supported by the affidavit by Mr. Kibagendi Assa M.Nyakundi sworn12th January 2010. It is further deposed that the retainer is not disputed.
2. This application is not opposed by the respondent.They did not file any replying affidavit or grounds of opposition.During the hearing Mr. Matheka who held brief for Mr. Njuguna for the client indicated that he had no instructions to oppose the application.This application is indicated that it has been brought under the provisions of section 51(2) of the Advocates Acts which provides as follows:
“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.”
3. It is evident that a certificate of costs was issued by the deputy registrar certifying the costs payable to the applicant.That certificate of cost has not been set aside or altered.The issue of the retainer has not been challenged.Accordingly this application is allowed as prayed.The costs of Ksh.378,000/- being the certified costs and the sum of Ksh.19,380/- being further fees is hereby made the judgment of this court.The applicants shall also be entitled to the costs of this application with interest at court rates from the date of this ruling.
Ruling read and signed on 26th February 2010 at Nairobi
M.K. KOOME
JUDGE