[2007] KEHC 595 (KLR)
The court found that the applicant's costs had been duly taxed at KES 1,600,000 and a Certificate of Taxation issued by the Deputy Registrar. The respondent had not filed any reference or appeal against the taxation, nor disputed the retainer. As the application was unopposed and all procedural requirements were...
Source-derived case information.
- Citation
- [2007] KEHC 595 (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
- Miscellaneous Civil Application 223 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 court should enter judgment for the applicant based on the taxed costs and issued Certificate of Taxation.
- 2 Whether there is any valid opposition or reference against the taxation.
Ratio Decidendi
The court found that the applicant's costs had been duly taxed at KES 1,600,000 and a Certificate of Taxation issued by the Deputy Registrar. The respondent had not filed any reference or appeal against the taxation, nor disputed the retainer. As the application was unopposed and all procedural requirements were satisfied, the court allowed the application and entered judgment for the applicant in terms of the prayers sought, specifically for the taxed costs and costs of the application.
Court Disposition
Application allowed. Judgment entered for the applicant for the taxed costs and costs of the application.
Orders
- Judgment is entered for the applicant for the sum of KES 1,600,000 as taxed costs.
- The respondent shall pay the costs of this application to the applicant.
Full Case Text
Judgment text and source record
16 paragraphs
REPIBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI MILIMANI LAW COURTS
MISC CIVIL 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