[2007] KEHC 565 (KLR)
The court found that the applicant's costs had been duly taxed and certified by the Taxing Master at Kshs.1,950,000, and that the respondent had neither paid the sum nor challenged the taxation by way of reference or appeal. There was no dispute as to the retainer. The respondent, having been served, failed to...
Source-derived case information.
- Citation
- [2007] KEHC 565 (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 Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 193 of 1997
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application to Enter Taxed Costs as Judgment
- Outcome
- Application allowed as prayed. Judgment entered for taxed costs and costs of the application awarded to the applicant.
- Judges
- JL Osiemo
- Legal Topics
- Taxation of Costs, Advocate Client Bill, 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 to Enter Taxed Costs as Judgment
Legal Issues
- 1 Whether the taxed costs between advocate and client should be entered as judgment of the court.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant's costs had been duly taxed and certified by the Taxing Master at Kshs.1,950,000, and that the respondent had neither paid the sum nor challenged the taxation by way of reference or appeal. There was no dispute as to the retainer. The respondent, having been served, failed to oppose the application or appear in court. In the absence of opposition and in light of the clear statutory provisions, the court allowed the application as prayed, entering judgment for the taxed costs and awarding the applicant the costs of the application.
Court Disposition
Application allowed as prayed. Judgment entered for taxed costs and costs of the application awarded to the applicant.
Orders
- The costs as taxed by the Taxing Master between client and advocate are made judgment of the court.
- The applicant is awarded the 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 223 of 1997
OGUTU WARIUKI & CO. ADVOCATES………..................................................………….APPLICANT
VERSUS
JOINT LIQUIDATORS-NDUMBERI FARMERS CO. LTD (IN LIQUIDATION)…….RESPONDENT
RULING
By this Notice of Motion brought under Section 51 (1) and (2) of the Advocates Act Rule 7 of the Advocates (Remunerations) Order and Order L Rule 1 of the Civil Procedure Rules the applicant seeks orders that the costs as taxed by the Taxing Master 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 Kshs.1,950,000/= by the Taxing Master and who issued a Certificate of Taxation. The Respondent herein 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 nor did he appear in court to oppose the same.
The application being not opposed it is allowed in terms of Payers 1 and 2 of the Notice of Motion dated 16th November 2006.
I also award the applicants the costs of this application.
Dated at Nairobi this 13th day of March 2007.
.............................
J.L.A. OSIEMO
JUDGE