[2007] KEHC 2391 (KLR)
The court found that the applicant's retainer was unchallenged and that the respondent was duly served with both the notice of taxation and the application for judgment. No papers were filed by the respondent to oppose or challenge the taxation or the application. The court held that, in the absence of any challenge...
Source-derived case information.
- Citation
- [2007] KEHC 2391 (KLR)
- Parties
- Applicant: Onyoni Opini & Co. Advocates; Respondent: Invesco Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1375 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for applicant
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Enforcement of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onyoni Opini & Co. Advocates
Applicant
Invesco Assurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for taxed costs against the respondent.
- 2 Whether the respondent was properly served with notice of taxation and the application.
- 3 Whether interest on the taxed costs is payable from the date of taxation.
Ratio Decidendi
The court found that the applicant's retainer was unchallenged and that the respondent was duly served with both the notice of taxation and the application for judgment. No papers were filed by the respondent to oppose or challenge the taxation or the application. The court held that, in the absence of any challenge or opposition, the advocate is entitled to judgment for the taxed costs as prayed, together with interest at 9% per annum from the date of taxation until payment in full. The applicant was also awarded the costs of the application.
Court Disposition
judgment for applicant
Orders
- Judgment entered for the applicant for Kshs. 71,487.40 against the respondent.
- Interest at 9% per annum from 6th March 2007 until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Misc Appli 1375 of 2006
ONYONI OPINI & CO. ADVOCATES………………….APPLICANT
VERSUS
INVESCO ASSURANCE COMPANY LIMITED.…RESPONDENT
RULING
The Applicant Onyoni Opini & co. advocate has by Notice of Motion expressed to be brought under Section 51(2) of the Advocates Act sought judgment on taxed costs at Kshs.71,487/40 together with interest at court rates against its client. The grounds for the application are that the Advocate/client costs were taxed on 6th March, 2007 by the taxing officer and have since not been settled despite demand and neither has the respondent sought to have the costs altered or raised. The application is unopposed.
There is an annexed affidavit in which the applicant has annexed the letter instructing his firm to act for the client in CMCC No.8409 of 2004. The Applicant has also annexed demand letters for the payment of the fees which have remained unheeded. The Applicant depones further that the costs were taxed by the taxing master on 6th March 2007 and has annexed a certificate of costs to that effect.
I see from the record that this application was served on the client’s advocate on record in good time and that no papers have been filed in response.
I have considered this application and am satisfied that the retainer is unchallenged. I also find that the client was duly served with the notice of taxation and notice of the hearing of this application and that both times, there was no papers filed. The advocate deserves his costs and since the client ahs not challenged the taxation in any way judgment is entered for the advocate in sum as prayed together with interest at 9% from the date of taxation until payment in full. Applicant also gets costs of the application.
Dated at Nairobi this 19th day of October, 2007 .
LESIIT J.
JUDGE
Read, signed and delivered in presence of:
Miss Kamau h/brief for the Applicant
N/A for Respondent
LESIIT, J.
JUDGE