[2023] KEHC 25065 (KLR)
The court held that once a certificate of costs is issued after taxation, it is not open to dispute and may be converted into a judgment and decree as prayed. The only outstanding issue is the accounting for any part payments already made by the respondent, which does not affect the entry of judgment but must be...
Source-derived case information.
- Citation
- [2023] KEHC 25065 (KLR)
- Parties
- Applicant: Odeny Maube & Co Advocates; Respondent: Molyn Credit Limited
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E060 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Convert Certificate of Costs Into Judgment and Decree
- Outcome
- judgment entered for applicant as per certificate of costs, subject to accounting for payments already made
- Judges
- WM Musyoka
- Legal Topics
- Taxation of Costs, Advocate Client Bills, Conversion of Certificate to Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odeny Maube & Co Advocates
Applicant
Molyn Credit Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Convert Certificate of Costs Into Judgment and Decree
Legal Issues
- 1 Whether the certificate of costs issued after taxation should be converted into a judgment and decree of the court.
- 2 Whether part payment by the respondent affects the entry of judgment as per the certificate of costs.
Ratio Decidendi
The court held that once a certificate of costs is issued after taxation, it is not open to dispute and may be converted into a judgment and decree as prayed. The only outstanding issue is the accounting for any part payments already made by the respondent, which does not affect the entry of judgment but must be considered before execution. The Deputy Registrar/taxing officer is to take accounts of payments made before execution proceedings are commenced. Thus, judgment is entered as per the certificate of costs, subject to deduction of any amounts already paid by the respondent.
Court Disposition
judgment entered for applicant as per certificate of costs, subject to accounting for payments already made
Orders
- Judgment is entered as prayed for the applicant as per the certificate of costs dated 25th March 2022.
- The amount to be paid shall take into account any payments already made by the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
Odeny Maube & Co Advocates v Molyn Credit Limited (Miscellaneous Application E060 of 2021) [2023] KEHC 25065 (KLR) (10 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25065 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Application E060 of 2021
WM Musyoka, J
November 10, 2023
Between
Odeny Maube & Co Advocates
Applicant
and
Molyn Credit Limited
Respondent
Ruling
1. The application for determination is dated 12th April 2022, seeking conversion of the certificate of costs, issued on 25th March 2022, into a judgment and decree of the court, together with interest at court rates until payment in full.
2. The background given, on the face of the application, and in the supporting affidavit, is that an advocate-client bill of costs, dated 10th November 2021, was lodged herein for taxation. The taxation was done on 9th March 2022, and was allowed at Kshs. 307,399. 00. A certificate of taxation was subsequently issued, dated 25th March 2022.
3. The respondent filed 2 replies. The first was by an affidavit, sworn on 24th November 2022, calling for suspension of the application, awaiting determination of a reference that had been filed at the High Court.
4. The second reply was by an affidavit, sworn on 23rd October 2023, after the reference was dismissed, essentially stating that the respondent had paid part of the fees to the applicant, and that the judgment to be entered should be less the amount received.
5. The matter is fairly straightforward. The bill was taxed and a certificate of costs issued. That is not disputed. The only issue is that part of the taxed amount had already been paid. That is an issue of accounts. I can only enter judgment as per the certificate, without alterations.
6. Consequently, I hereby enter judgment as prayed, but the amount to be paid ultimately shall take into account any payments already made by the respondent, in respect of which accounts shall be taken, before the Deputy Registrar/taxing officer, before execution proceedings are taken out.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS…………10TH……….DAY OF…….……NOVEMBER………......2023W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMs. Akinyi, instructed by Bruce Odeny & Company, Advocates for the applicant.Mr. Achero, instructed by Achero Mufuayia & Company, Advocates for the respondent.miscellaneous application no. e060 – 2021 – ruling 2