[2007] KEHC 3001 (KLR)
The court held that since the advocate/client bill of costs had been taxed and a certificate of taxation issued, and the respondent had neither filed a reference nor opposed the application, there was no dispute as to the retainer or the amount taxed. Accordingly, the applicant was entitled to judgment for the taxed...
Source-derived case information.
- Citation
- [2007] KEHC 3001 (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
- ? 223 of 1997
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for taxed costs; costs of application awarded to applicant
- 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's failure to oppose or appeal the taxation entitles the applicant to judgment.
Ratio Decidendi
The court held that since the advocate/client bill of costs had been taxed and a certificate of taxation issued, and the respondent had neither filed a reference nor opposed the application, there was no dispute as to the retainer or the amount taxed. Accordingly, the applicant was entitled to judgment for the taxed costs as prayed. The application was therefore allowed in terms of the prayers sought, making the taxed costs a judgment of the court and awarding costs of the application to the applicant.
Court Disposition
application allowed; judgment entered for taxed costs; costs of application awarded to applicant
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
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(MILIMANI LAW COURTS)
Misc Appli 223 of 1997
OGUTU WARIUKI & CO. ADVOCATES……………..…………….APPLICANT
VERSUS
JOINT LIQUIDATORS-NDUMBERI
FARMERS CO. LTD (IN LIQUIDATION)…………….………….RESPONDENT
RULING
The applicant brought this Notice of Motion under Section 51(1) and (2) of the Advocates Act, Rule 7 of the Advocates (Remuneration) Order and Order L Rule 1 of this Civil Procedure Rules seeking 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 already 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 on 3rd July 1997 at Shs.1,600,000/= by the Deputy Registrar and who issued a Certificate of Taxation. The Respondent has not filed a Reference by way of an appeal against the said taxation and there is no dispute as to the retainer.
The Respondent was served with this application but he never filed any papers to oppose the application.
The application being not opposed the same is allowed in terms of Prayers 1 and 2 of the Notice of Motion dated 16th November 2006.
Dated at Nairobi this 13th day of March 2007.
………………………
J.L.A. OSIEMO
JUDGE