[2024] KEHC 4950 (KLR)
Where a certificate of costs has been issued and there is no dispute as to retainer, and the certificate has not been set aside or altered, the court is empowered under Section 51(2) of the Advocates Act to enter judgment for the amount certified. In this case, the applicant served the bill of costs and other...
Source-derived case information.
- Citation
- [2024] KEHC 4950 (KLR)
- Parties
- Applicant: Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E006 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs and interest
- Judges
- DKN Magare
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Costs, Judgment Entry on Taxed Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant against the respondent for the sum certified in the certificate of costs.
- 2 Whether interest should be awarded on the taxed costs from the date specified.
Ratio Decidendi
Where a certificate of costs has been issued and there is no dispute as to retainer, and the certificate has not been set aside or altered, the court is empowered under Section 51(2) of the Advocates Act to enter judgment for the amount certified. In this case, the applicant served the bill of costs and other processes, and the respondent did not participate or dispute the retainer or the amount. The court found no reason to withhold judgment and allowed the application, entering judgment for the applicant for the sum certified in the certificate of costs, together with interest from 30 days after the date of the certificate.
Court Disposition
application allowed; judgment entered for applicant for taxed costs and interest
Orders
- Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 6th September 2023 for Kshs 129,195.
- Interest is awarded on the sum effective 29/10/2023, 30 days from the date of issue of the certificate of costs.
Full Case Text
Judgment text and source record
25 paragraphs
Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates v Trident Insurance Company Limited (Miscellaneous Application E006 of 2023) [2024] KEHC 4950 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4950 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application E006 of 2023
DKN Magare, J
May 9, 2024
Between
Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. This is a Ruling over a Miscellaneous Application dated 1/11/2023.
2. The Applicant the Application substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs 129,195/= being the sum taxed and certified by the Deputy Registrar on 6th September 2023 as due to the Applicant with interest thereon.
3. The Application arose from the Advocate/Client Bill of Costs dated 24th May 2023.
4. Be it as may the Court has already assessed costs at a specific figure, that is, Kshs 129,195/=.
5. The Application is expressed to be brought under Section 51 (1) of the Advocates Act and Rule 51(2) of the Civil Procedure Rules. The said Section 51(2) of the Advocates Act provides thus:Pursuant to the provisions of Section 2 of the Advocates Act -“’Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.”
6. As a fact after filing of the Notice of Motion dated 1/11/2023, there does not appear to be active participation of the Respondent.
7. In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate (2006) eKLR it was held: -“Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit......
8. The Applicant has done his part, serving the bill of costs, and other processes.
9. I am unable to resist the urge to allow the Application. The said Application dated 1st November 2023 is allowed.
Determination 10. I therefore make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 6th September 2023 for Kshs 129,195/=.b.Interest thereon is awarded effective 29/10/2023, 30 days from the date of issue of the certificate of costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 9TH DAY OF MAY, 2024. KIZITO MAGAREJUDGEIn the presence of:-Mr. Mohammed holding brief for MalomboCourt clerk- Brian