[2015] KEHC 4556 (KLR)
The court found that the applicant/advocate was entitled to judgment for the sum certified in the certificate of taxation, being Kshs. 476,841, as the certificate had not been set aside or varied and the application was unopposed. The court further held that interest at court rates was payable from the date of...
Source-derived case information.
- Citation
- [2015] KEHC 4556 (KLR)
- Parties
- Applicant: Philip Muoka & Co. Advocates; Respondent: James Mulinge; Respondent: Joseph Kiawa Nthiwa; Respondent: Joseph Mutua Kaind
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 113 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for applicant/advocate for taxed costs with interest; application for additional costs refused
- Judges
- DO Ogembo
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Interest on Costs, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Muoka & Co. Advocates
Applicant
James Mulinge
Respondent
Joseph Kiawa Nthiwa
Respondent
Joseph Mutua Kaind
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant/advocate for the taxed costs as per the certificate of taxation.
- 2 Whether interest at court rates should be awarded from the date of taxation until payment in full.
- 3 Whether additional costs claimed by the applicant, not subjected to taxation, can be included in the judgment.
Ratio Decidendi
The court found that the applicant/advocate was entitled to judgment for the sum certified in the certificate of taxation, being Kshs. 476,841, as the certificate had not been set aside or varied and the application was unopposed. The court further held that interest at court rates was payable from the date of taxation until payment in full, in accordance with Rule 7 of the Advocates Remuneration Order. However, the court declined to award the additional sum of Kshs. 9,430 claimed by the applicant as further costs, as there was no evidence that this amount had been subjected to taxation. The court therefore entered judgment for the taxed amount only, with interest and costs of the...
Court Disposition
judgment for applicant/advocate for taxed costs with interest; application for additional costs refused
Orders
- Judgment is entered for the applicant for Kshs. 476,841 as per the certificate of taxation dated 27th August 2014.
- Interest at court rates is awarded from 27th August 2014 until payment in full.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & ADMIRALTY DIVISION
MISCELLANEOUS NO. 113 OF 2013
PHILIP MUOKA & CO. ADV...............................................APPLICANT/ADVOCATE
VERSUS
JAMES MULINGE...........................................................................1ST RESPONDENT
JOSEPH KIAWA NTHIWA......................................................... 2ND RESPONDENT
JOSEPH MUTUA KAIND...............................................................3RD RESPONDENT
R U L I N G
INTRODUCTION
The Notice of Motion application before the court is dated 3rd March 2015by the Applicant/Advocate under Section 51 (2) of the Advocates Act, Rule 7 of the Advocates Remuneration (Amendment) Order, Section 3A of the Civil Procedure Act and Order 51 Rule 1 of the Civil procedure Rules.
The application seeks the following orders namely:-
That Judgement be entered for the amount of Kshs.480,591/= by the Certificate of Costs dated 27th August 2014 against the Defendants.
That the taxed costs do attract interest at court rates form 27th August 2014 until payment in full.
That a decree be issued in respect of the Certificate of Taxation dated 27th August 2014 and the Applicant be at liberty to execute for recovery of the same in such a manner as a decree of this honourable court.
That the additional costs of Kshs.9,430. 00 incurred in taxation and filling of this application be provided for.
The application is premised on the grounds set out therein and is supported by the affidavit of Philip Muoka dated 3rd March 2015.
The brief history of the application is that the Advocate/Applicant’s Block Bill of Costs was remitted to the client vide a letter dated 27th August 2014 for purposed of settlement as provided for under Rule 7 of the Advocates Remuneration (Amendment) Order. As the Respondent’s/Clients failed to settle the Advocate’s Costs, the Applicant proceeded to file its Bill of Costs on 24th February 2015 thereby incurring further costs. The Bill of Costs was taxed on 27th August 2014 in the sum of Kshs.480,591,00 by the Deputy Register, however, the Certificate of Taxation has to date neither been varied nor set aside. Rule 7 of the Advocates Remuneration (Amendment) Order provides for interest to be applied on the advocates fees after expiration of one month from the date of delivery of the Bill of Costs to the client. The Applicant seeks interest at court rates from the date of delivery of the Applicant’s Bills of Costs being 27th August 2014 and, the additional costs in the sum of Kshs.9,430. 00 incurred in taxation. The Applicant seeks to proceed and realize the costs taxed by way of execution and it is necessary for judgment to be entered in its favour of execution.
The application is not opposed. The same was served upon the Respondents. To prove that, there is an affidavit of service dated and filed in court on 12th March 2015. This court is entitled to believe that the Respondents have failed to respond to the same because they have no defence to the application to enter judgement.
I have also seen on record marked ‘JM3’ Certificate of Taxation dated 27th August 2014 for Kshs.476,841/=. There is an additional sum of Kshs.9,430. 00 claimed as further costs. However there is no evidence that the same was also subjected to taxation. That being so, this court cannot enter judgement for the said Kshs.9,430/=.
In the upshot, Judgement is entered for the Applicant as follows:-
Kshs. 476,841/=.
Interest thereon at court rates from 27th August 2014 until payment in full.
Costs of this application shall be for the Applicant
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBI THIS 29TH DAY OF MAY, 2015
E. K. O. OGOLA
JUDGE
PRESENT:
M/s Maina holding brief for Kosgei for the Applicant/Advocate
No appearance for the Respondents
Teresia – Court Clerk