[2006] KEHC 1042 (KLR)
The court found that the applicant had established its case for judgment on the balance of taxed costs, as the certificate of taxation was neither set aside nor altered and the retainer was not disputed. The respondent did not contest the application or attend the hearing. Accordingly, the court applied Section...
Source-derived case information.
- Citation
- [2006] KEHC 1042 (KLR)
- Parties
- Applicant: Ochieng Onyango, Kibet & Ohaga; Respondent: Nelliwa Builders & Civil Engineers Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 553 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment entered for applicant
- Judges
- MM Kasango
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ochieng Onyango, Kibet & Ohaga
Applicant
Nelliwa Builders & Civil Engineers Ltd
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 balance of taxed costs as per the certificate of taxation.
- 2 Whether the respondent has disputed the retainer or set aside the certificate of taxation.
Ratio Decidendi
The court found that the applicant had established its case for judgment on the balance of taxed costs, as the certificate of taxation was neither set aside nor altered and the retainer was not disputed. The respondent did not contest the application or attend the hearing. Accordingly, the court applied Section 51(2) of the Advocates Act and entered judgment for the applicant for the sum of Kshs 108,329.60, being the balance after part payment, together with costs of the application.
Court Disposition
judgment entered for applicant
Orders
- Judgment is entered for the applicant for Kshs 108,329.60.
- The costs of the Notice of Motion dated 5th September 2006 are awarded to the applicant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI COMMERCIAL COURTS
Misc Civil Case 553 of 2005
OCHIENG ONYANGO, KIBET & OHAGA……………....……………APPLICANT
VERSUS
NELLIWA BUILDERS & CIVIL ENGIEERS LTD………...……..RESPONDENT
R U L I N G
The Advocate/Applicant has filed a Notice of Motion brought under Section 51 (2) of The Advocates Act. The application seeks judgment against the respondent for Kshs 108, 329. 60 being the balance of taxed costs after credit of part payment of Kshs 100, 000. The Respondent though served failed to attend the hearing of the Notice of Motion. The Advocate/Applicant annexed to the application the certificate of taxation for the amount of Kshs 208, 329. 60. Section 51 [2] of The Advocates Act provides that unless the certificate of Taxation is set aside or altered by the court, the amount thereof is final as the amount of costs and in case where the retainer is not disputed the court may order that judgment be entered for the sum certified. The Advocate/Applicant has admitted receipt of part payment of those costs from the respondent for the amount of Kshs 100, 000. The balance due and payable therefore isk shs 108, 329. 60. I find that the Applicant has made out a case for judgment to be entered in its favour as prayed. The order of this court is as follows:
(1)That judgment be and is hereby entered for the Applicant for Kshs 108, 329. 60.
(2) That the costs of the Notice of Motion dated 5th September 2006 are awarded to the applicant.
MARY KASANGO
JUDGE
Dated and delivered this 17th day of October 2006.
MARY KASANGO
JUDGE