[2024] KEHC 4174 (KLR)
The court found that the applicant's bill of costs had been taxed at Kshs. 893,556 and a certificate of taxation had been issued on 11/7/2023. As the certificate had not been set aside or varied, it was conclusive as to the amount due. Under Section 51(2) of the Advocates Act, the applicant was entitled to judgment...
Source-derived case information.
- Citation
- [2024] KEHC 4174 (KLR)
- Parties
- Applicant: Mohammed Samnakay; Respondent: Shammi Kanjira Prambil Thomas; Respondent: Spectsaver (K) Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause E406 of 2022
- Procedural Posture
- Miscellaneous Cause / Ruling on Motion for Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the taxed costs and interest as prayed.
- Judges
- A Mabeya
- Legal Topics
- Taxation of Costs, Advocates Remuneration, Certificate of Taxation, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammed Samnakay
Applicant
Shammi Kanjira Prambil Thomas
Respondent
Spectsaver (K) Limited
Respondent
Procedural Posture
Miscellaneous Cause / Ruling on Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as certified by the deputy registrar.
- 2 Whether interest at 14% per annum is payable on the taxed sum from the date specified under Rule 7 of the Advocates Remuneration Order.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed at Kshs. 893,556 and a certificate of taxation had been issued on 11/7/2023. As the certificate had not been set aside or varied, it was conclusive as to the amount due. Under Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the certified sum. Further, Rule 7 of the Advocates Remuneration Order entitled the applicant to interest at 14% per annum from 1/7/2022 until payment in full. The court therefore allowed the application as prayed and awarded additional costs for the application.
Court Disposition
Application allowed. Judgment entered for the applicant for the taxed costs and interest as prayed.
Orders
- Judgment is entered for the applicant for Kshs. 893,556 as certified by the deputy registrar.
- Interest at 14% per annum is awarded on the taxed sum from 1/7/2022 until payment in full.
Full Case Text
Judgment text and source record
24 paragraphs
Samnakay v Thomas & another (Miscellaneous Cause E406 of 2022) [2024] KEHC 4174 (KLR) (Commercial and Tax) (19 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4174 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Miscellaneous Cause E406 of 2022
A Mabeya, J
April 19, 2024
Between
Mohammed Samnakay
Applicant
and
Shammi Kanjira Prambil Thomas
1st Respondent
Spectsaver (K) Limited
2nd Respondent
Ruling
1. Before Court is a Motion on Notice dated 31/8/2023. It is brought under section 51(2) of the Advocates Act and Rule 7 of the Advocates Remuneration Order.
2. It seeks judgment for Kshs. 893,556/= for costs as certified by the deputy registrar on 11/7/2023.
3. The same was supported by the Affidavit of Zul Mohammed sworn on 31/8/2023. From the evidence on record, the bill of costs dated 19/5/2022 was taxed at Kshs. 893,556/= on 11/7/2023.
4. A certificate of taxation for the said amount was issued on 11/7/2023 under Section 52 of the Advocates Act. The said certificate has not been set aside or varied. Accordingly, the same is liable to be converted into a judgment of this Court.
5. In terms of Rule 7 of the Advocates Remuneration Order, the Advocate is entitled to interest on the said sum at 14% pa from 1/7/2022 until payment in full.
6. Accordingly, the application is allowed as prayed. The costs of the application is assessed at Kshs. 20,000/=.It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 19TH DAY OF APRIL, 2024. A. MABEYA, FCI Arb, EBSJUDGE