[2019] KEHC 1396 (KLR)
The court found that the Deputy Registrar's decree for the taxed costs is valid and has not been challenged or stayed. The respondent's intention to challenge the taxation does not affect the enforceability of the decree at this stage. The respondent does not deny the indebtedness, only the amount. Therefore, the...
Source-derived case information.
- Citation
- [2019] KEHC 1396 (KLR)
- Parties
- Applicant: Peter N. Kiarie P/A Kiarie and Co. Advocates; Respondent: Jonas Misto Vincent Kuko
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 74 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment and Leave to Execute
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Taxation of Costs, Execution of Judgment, Advocate Client Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter N. Kiarie P/A Kiarie and Co. Advocates
Applicant
Jonas Misto Vincent Kuko
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment and Leave to Execute
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the Deputy Registrar's decree.
- 2 Whether the applicant should be granted leave to execute against the respondent.
- 3 Whether the respondent's challenge to the taxation affects the validity of the decree.
Ratio Decidendi
The court found that the Deputy Registrar's decree for the taxed costs is valid and has not been challenged or stayed. The respondent's intention to challenge the taxation does not affect the enforceability of the decree at this stage. The respondent does not deny the indebtedness, only the amount. Therefore, the applicant is entitled to judgment for the taxed sum and leave to execute against the respondent as prayed in the application.
Court Disposition
application allowed
Orders
- Judgment entered for the applicant against the respondent for Kshs. 3,358,282.40 together with costs and interest.
- Applicant granted leave to execute against the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISC APPLICATION NO. 74 OF 2019
PETER N. KIARIE P/A KIARIE AND CO. ADVOCATES……APPLICANT
VERSES
JONAS MISTO VINCENT KUKO…………………..………. RESPONDENT
RULING
1. The applicant prays in his application dated 31st July, 2019 that judgment be entered against the Respondent for the sum of kshs. 3, 358, 282. 40 together with costs and interest. He also prays that he be granted leave to execute against him.
2. The application is supported by his affidavit sworn on the even date. In it he has attached a bill of costs as well as a decree from the Deputy Registrar of this court which shows the above sum awarded to him against the Respondent. He avers that the respondent has since refused to pay hence this application.
3. The Respondent in his replying affidavit dated 24th October, 2019 has admitted that indeed the applicant acted for him and that they verbally agreed a sum of kshs.2 million to be his fees. He paid the sum of Kshs. 725,000 based on that understanding. He denied that he was ever served with a fee note and that he is in the process of challenging the Deputy Registrars decision.
4. This court finds that there is merit in the application to the extent that the Registrars decree is valid and the same has not been challenged. Secondly it seems that the basic challenge the Respondent has with the bill of costs is the sum awarded otherwise he does not deny the indebtness.
5. This court will not venture into the desire of the Respondent to challenge the taxation by the taxing master. Since in any even the same is simply a proposal I do not think it is proper to consider it within this application.
6. The upshot is that the application is hereby allowed in terms of prayers 1, 2 and 3 thereof.
Dated signed and delivered in open court this 18th day of December, 2019.
________________
H. K. CHEMITEI
JUDGE
18/12/19
In the presence of:-
Wanyonyi for Respondent
Ndarwa for Applicant
Court Assistant – Silvia
Ruling read in open court