[2007] KEHC 549 (KLR)
The court found that the Advocate/Client Bill of Costs had been taxed at KES 1,000,000 and a Certificate of Taxation issued. The respondent had not filed any reference or appeal against the taxation, nor disputed the retainer. The application was unopposed. In these circumstances, the law entitles the advocate to...
Source-derived case information.
- Citation
- [2007] KEHC 549 (KLR)
- Parties
- Applicant: Ogutu Wariuki & Co. Advocates; Respondent: Joint Liquidators-Ndumberi Farmers Co. Ltd (In Liquidation)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 895 of 1997
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the taxed costs and costs of the application.
- Judges
- JL Osiemo
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ogutu Wariuki & Co. Advocates
Applicant
Joint Liquidators-Ndumberi Farmers Co. Ltd (In Liquidation)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the taxed costs between advocate and client should be entered as judgment of the court.
- 2 Whether the respondent has opposed or appealed the taxation of costs.
Ratio Decidendi
The court found that the Advocate/Client Bill of Costs had been taxed at KES 1,000,000 and a Certificate of Taxation issued. The respondent had not filed any reference or appeal against the taxation, nor disputed the retainer. The application was unopposed. In these circumstances, the law entitles the advocate to judgment for the taxed costs. The court therefore allowed the application and entered judgment as prayed in the Notice of Motion.
Court Disposition
Application allowed. Judgment entered for the applicant for the taxed costs and costs of the application.
Orders
- The costs as taxed by the Deputy Registrar between client and advocate are made judgment of the court.
- The costs of this application are awarded to the applicant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(MILIMANI LAW COURTS)
Misc Civil Appli 895 of 1997
OGUTU WARIUKI & CO. ADVOCATES…………….............................……………….APPLICANT
VERSUS
JOINT LIQUIDATORS-NDUMBERI FARMERS CO. LTD (IN LIQUIDATION)…….RESPONDENT
RULING
Before me is a Notice of Motion brought under Section 51(1) of the Advocates Act Rule 7 of the Advocates (Remuneration) Order and Order L Rule 1 of the Civil Procedure Rules in which the applicant seeks orders that the costs as taxed by the Deputy Registrar between Client/Advocate be made Judgment of the court and that costs of this application be provided for.
The application is based on the fact that the said costs have remedy been taxed and Certificate of Costs issued and that the Respondent is yet to pay the said sum.
The application is also supported by an affidavit sworn by Ndungu Wariuki in which he avers that the Advocate/Client Bill of Costs was taxed at Shs.1,000,000/= by the Deputy Registrar and who issued a Certificate of Taxation.
The Respondent has not filed any Reference by way of an appeal against the said taxation and there is no dispute as to the retainer.
The Respondent was served but he never filed any papers to oppose the application.
The application being not opposed, is allowed in terms of Prayers 1 and 2 of the Notice of Motion dated 16th November 1997.
Dated at Nairobi this 13th day of March 2007.
…………………….
J.L.A. OSIEMO
JUDGE