[2021] KEHC 12735 (KLR)
The court found that the applicant had properly served the respondent with the hearing notice and that the respondent failed to oppose the application or settle the certificate of taxation. The court was satisfied that the application was merited, as the applicant had established its entitlement to the taxed costs,...
Source-derived case information.
- Citation
- [2021] KEHC 12735 (KLR)
- Parties
- Applicant: Ong’anda & Associates Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E926 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
- Outcome
- application allowed as prayed
- Judges
- WA Okwany
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment Entry, Enforcement of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ong’anda & Associates Advocates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
Legal Issues
- 1 Whether the court should enter judgment in favour of the applicant for the amount stated in the certificate of taxation.
- 2 Whether the respondent was properly served and failed to oppose the application.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had properly served the respondent with the hearing notice and that the respondent failed to oppose the application or settle the certificate of taxation. The court was satisfied that the application was merited, as the applicant had established its entitlement to the taxed costs, and there was no evidence to the contrary. Accordingly, judgment was entered for the applicant for the amount stated in the certificate of taxation, and a decree was to issue for enforcement. The respondent was also ordered to bear the costs of the application.
Court Disposition
application allowed as prayed
Orders
- Judgment entered for the applicant for Kshs 774,852.51 in terms of the certificate of taxation dated 27th November 2020.
- A decree to issue for enforcement/execution.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
MISCELLANEOUS APPLICATION NO. E926 OF 2020
ONG’ANDA & ASSOCIATES ADVOCATES ..................................APPLICANT
VERSUS
TRIDENT INSURANCE COMPANY LIMITED.............................RESPONDENT
RULING
1. This ruling is in respect to the application dated 11th December 2020 wherein he Advocate/applicant seeks the following orders: -
a) That this honourable court be pleased to enter judgment for the amount of Kenya shillings Seven Hundred and Seventy-Four Thousand Eight Hundred and Fifty-Two shillings and fifty-one cents (Kshs 774,852. 51) in terms of the Certificate of Taxation dated 27th November 2020.
b) That upon entry of prayer (a) a decree be issued for enforcement/execution.
c) That the respondent bear the costs of this application.
2. The application is supported by the affidavit of the applicant’s advocate Mr. Mukami Mwigire and is premised in the grounds that: -
a) That the applicant filed an advocate-client bill of costs dated 7th August 2020.
b) That the bill of costs was taxed on the 2nd of November 2020 at Seven Hundred and Seventy-Four Thousand Eight Hundred and Fifty-Two shillings and fifty-one cents (Kshs 774,852. 51) in favour of the applicant.
c) That the certificate of taxation was never settled by the respondent.
3. The respondent did not oppose the application despite proper service and when the matter came up for hearing on 11th March 2021, Mr. Mukami advocate for the applicant urged this court to allow the application as prayed.
4. I have perused the affidavit of service dated 3rd March 2021 and I am satisfied that the applicant was dully served with the hearing notice for 11th March 2021.
5. I have also perused the application together with the supporting affidavit and annexures. I am satisfied that the application is merited and I therefore allow it as prayed.
Dated, signed and delivered via Microsoft Teams at Nairobi this 18th day of March 2021in view of the declaration of measures restricting court operations due to Covid -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.
W. A. OKWANY
JUDGE
In the presence of:
Miss Mukami for Onganda for applicant.
No appearance for respondent.
Court Assistant: Sylvia.