[2006] KEHC 2735 (KLR)
The court found that the certificate of costs issued by the Deputy Registrar was final and conclusive as to the amount owed, as the client did not dispute the retainer or oppose the application. Accordingly, the court exercised its discretion under Section 51(2) of the Advocates Act to enter judgment in favour of...
Source-derived case information.
- Citation
- [2006] KEHC 2735 (KLR)
- Parties
- Applicant: Ogeto, Kerongo and Company Advocates; Respondent: Titus Lemusei Ngoyoni
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1078 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs
- Outcome
- Application allowed. Judgment entered for the applicant as prayed.
- Legal Topics
- Advocate Client Costs, Certificate of Costs, Judgment Entry, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ogeto, Kerongo and Company Advocates
Applicant
Titus Lemusei Ngoyoni
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the advocate based on the certificate of costs issued by the Deputy Registrar.
- 2 Whether the retainer between the advocate and client is disputed.
Ratio Decidendi
The court found that the certificate of costs issued by the Deputy Registrar was final and conclusive as to the amount owed, as the client did not dispute the retainer or oppose the application. Accordingly, the court exercised its discretion under Section 51(2) of the Advocates Act to enter judgment in favour of the advocate for the certified sum, together with the costs of the application.
Court Disposition
Application allowed. Judgment entered for the applicant as prayed.
Orders
- Judgment is entered in favour of the advocate for KES 817,439 as per the certificate of costs.
- The client shall bear the advocate's costs of this application.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc Appli 1078 Of 2004
OGETO, KERONGO AND COMPANY ADVOCATES…........…APPLICANT
VERSUS
TITUS LEMUSEI NGOYONI……………………....…………RESPONDENT
RULING
The application by way of Notice of motion brought under Section 51 (1) and (2) of the Advocates’ Act and Order L Rule 1, 2 and 3 of the Civil Procedure Rules seeks orders that judgment be entered in favour of the applicant against his client in the sum of Shs.817,439/= being the sum in the certificate of costs issued by the Deputy Registrar on 5th May 2005. Section 51 (2) of the Advocates Act 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.”
The retainer is not disputed in the instant case and the client has not filed any papers to oppose the application. I allow the application and enter judgment in favour of the advocate as prayed.
The client will bear the Advocates’ costs of this application.
Dated at Nairobi this 2nd day of February 2006.
J.L.A. OSIEMO
JUDGE