[2024] KEHC 13589 (KLR)
The court found that the applicant had provided uncontroverted evidence of instructions, provision of legal services, issuance of a fee note, and taxation of costs. The respondent, despite being served, failed to contest the application or settle the taxed costs. In accordance with Section 51(2) of the Advocates...
Source-derived case information.
- Citation
- [2024] KEHC 13589 (KLR)
- Parties
- Applicant: Onyinkwa & Company Advocates; Respondent: Kenya Orient Insurance Co Ltd
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E001 of 2024
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application to Adopt Certificate of Costs as Judgment
- Outcome
- application allowed; judgment entered for applicant for taxed costs plus interest and costs of the application
- Judges
- RPV Wendoh
- Legal Topics
- Taxation of Costs, Advocate Client Relationship, Entry of Judgment, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onyinkwa & Company Advocates
Applicant
Kenya Orient Insurance Co Ltd
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of taxed costs should be adopted as a judgment of the court.
- 2 Whether the applicant is entitled to interest on the taxed costs at 14% per annum from the date of filing the bill of costs.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had provided uncontroverted evidence of instructions, provision of legal services, issuance of a fee note, and taxation of costs. The respondent, despite being served, failed to contest the application or settle the taxed costs. In accordance with Section 51(2) of the Advocates Act, the court held that the certificate of taxed costs should be adopted as a judgment of the court. The applicant was also entitled to interest at 14% per annum from the date of filing the bill of costs, as well as the costs of the application. The absence of any response or appearance by the respondent left the applicant's averments unchallenged, justifying the orders sought.
Court Disposition
application allowed; judgment entered for applicant for taxed costs plus interest and costs of the application
Orders
- Judgment is entered for the applicant against the respondent for Kshs.83,950.
- Interest on the taxed costs at 14% per annum from 14/2/2024 until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
Onyinkwa & Company Advocates v Kenya Orient Insurance Co Ltd (Miscellaneous Civil Application E001 of 2024) [2024] KEHC 13589 (KLR) (30 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13589 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Miscellaneous Civil Application E001 of 2024
RPV Wendoh, J
October 30, 2024
Between
Onyinkwa & Company Advocates
Plaintiff
and
Kenya Orient Insurance Co Ltd
Defendant
Ruling
1. By the Notice of motion dated 18/7/2024 the ex parte applicant seeks an order that the court do order the certificate of costs issued on 20/5/2024 to the applicant as against the respondent be converted/adopted as a Judgement /decree of this court and Judgment be entered for the applicant against the Respondent for Kshs.83,950/= and secondly that the interest due accrued on the said Kshs.83,950/= at the rate of 14%, per annum with effect from 1/3/2024, the date of filing the advocate – client bill of costs, till payment in full.
2. The applicant also prays for costs of the application. The Respondent was duly served with application but failed to file any response.
3. A hearing notice was also served and an Affidavit of service dated 30/7/2024 filed in consent. However, there was no appearance or response from the respondent. The applicant’s representative, Dennis Onyimbo Onyinkwa deponed that the respondent instructed the applicants firm of advocates to act for them in Kapenguria SPM E015/2023 as evidenced by the letter dated 11/8/2023 (D001); that the applicant defended the suit as requested till conclusion (D002) a copy of the pleadings; that after conclusion of the matter the applicant sent a fee note in respect of professional fees and disbursements but the Respondent has failed to settle. As a result, the applicant filed an Advocates -client bill of costs dated 14/2/2024 (D003) which costs were taxed on 31/5/2024 at Kshs.83,950/= Certificate of Taxed Costs was exhibited as D004; that the Respondent has failed to settle the said taxed costs and that is what has provoked this application.
4. I have considered the application. There is no doubt that the Respondent instructed the applicant to act for them in Kapenguria SPMCC E015/2023. There is also evidence that there has been no settlement of the same which forced the applicant to file the Advocates client bill of costs that was taxed and a certificate issued by the court. The respondent has failed to appear and the applicants’ averments are uncontroverted
5. I hereby enter Judgment for the applicant against the Respondent for Kshs.83,950/= plus interest on costs at the rate of 14% per annum from the date of filing the Bill of Costs on 14/2/2023. The applicant will also have costs of the application.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 30TH DAY OF OCTOBER, 2024R. WENDOH.JUDGERuling delivered in the presence ofApplicant – Ms. LangatRespondents -N/ACourt Assistants – Juma /Hellen