[2024] KEHC 4941 (KLR)
The court found that the applicant had served the bill of costs and other processes on the respondent, who did not participate or dispute the retainer or the amount certified as due. There being no challenge to the certificate of taxation or the retainer, and the certificate having not been set aside or altered, the...
Source-derived case information.
- Citation
- [2024] KEHC 4941 (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 E008 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest
- Judges
- DKN Magare
- Legal Topics
- Taxation of Costs, Advocate Client Bill of Costs, Certificate of Taxation, Judgment on Certified 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 based on the certificate of taxation issued by the Deputy Registrar.
- 2 Whether there is any dispute as to retainer or the amount certified as due.
Ratio Decidendi
The court found that the applicant had served the bill of costs and other processes on the respondent, who did not participate or dispute the retainer or the amount certified as due. There being no challenge to the certificate of taxation or the retainer, and the certificate having not been set aside or altered, the court exercised its discretion under section 51(2) of the Advocates Act to enter judgment for the applicant for the sum certified by the Deputy Registrar. Interest was awarded from 30 days after the date of the certificate of costs.
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest
Orders
- Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 6/9/2023 for Kshs. 129,195.
- Interest on the sum awarded is granted 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 E008 of 2023) [2024] KEHC 4941 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4941 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application E008 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 RustamHira 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. Consequently, the Application dated 1/11/2023 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 6/9/2023 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. Mohamed holding brief for MalomboCourt Assistant- Brian‘Page 2 of 2 M.D. KIZITO, J.