[2023] KEELC 18359 (KLR)
The court found that the applicant had rendered legal services to the respondent, who failed to pay the agreed legal fees. The applicant's bill of costs was taxed, and a certificate of costs was issued. The respondent did not oppose the application, file any response, or challenge the taxation. There being no...
Source-derived case information.
- Citation
- [2023] KEELC 18359 (KLR)
- Parties
- Applicant: Sherman Nyongesa & Mutubia Advocates; Respondent: Karwa Trading Ventures Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 26 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment Based on Certificate of Costs
- Outcome
- application granted as prayed
- Judges
- NA Matheka
- Legal Topics
- Taxation of Costs, Entry of Judgment, Certificate of Costs, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sherman Nyongesa & Mutubia Advocates
Applicant
Karwa Trading Ventures Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Entry of Judgment Based on Certificate of Costs
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment based on the certificate of costs issued after taxation.
- 2 Whether the certificate of costs should be adopted as a decree of the court for execution purposes.
- 3 Whether the respondent has opposed or challenged the taxed costs.
Ratio Decidendi
The court found that the applicant had rendered legal services to the respondent, who failed to pay the agreed legal fees. The applicant's bill of costs was taxed, and a certificate of costs was issued. The respondent did not oppose the application, file any response, or challenge the taxation. There being no reference against the taxed costs and the application being unopposed, the court held that the applicant was entitled to entry of judgment for the amount in the certificate of costs, adoption of the certificate as a decree, and costs of the application. The application was therefore granted as prayed.
Court Disposition
application granted as prayed
Orders
- Judgment entered in favour of the applicant against the respondent for Kshs. 58,982.56 together with interest at court rate from December 15, 2022 until payment in full.
- The Certificate of Costs dated December 15, 2022 is adopted and endorsed as a decree of the court for purposes of execution.
Full Case Text
Judgment text and source record
19 paragraphs
Sherman Nyongesa & Mutubia Advocates v Karwa Trading Ventures Limited (Miscellaneous Application 26 of 2021) [2023] KEELC 18359 (KLR) (21 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18359 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Miscellaneous Application 26 of 2021
NA Matheka, J
June 21, 2023
Between
Sherman Nyongesa & Mutubia Advocates
Applicant
and
Karwa Trading Ventures Limited
Respondent
Ruling
1. The application is dated February 28, 2023 and is brought under sections 1A and 1B of the Civil Procedure Act cap 21 of The Laws of Kenya and Order 51 Rules 1 of the Civil Procedure Rules, section 51(2) of the Advocates Act cap 16 seeking the following orders;1. That this honourable court be pleased to issue an Order for entry of Judgment in favour of the Applicant Sherman Nyongesa & Mutubia Advocates against the Respondent Karwa Trading Ventures Limited in the sum of Kshs. 59. 982. 56 on the basis of the Certificate of Costs dated December 15, 2022 together with interest at the court rate from December 15, 2022 until payment in full.2. That this honourable court be pleased to adopt and endorse the Certificate of Costs dated December 15, 2022 as a Decree of the court for purposes of execution.3. That the costs of this application be provided for.
2. The application is supported by the annexed affidavit of sworn by Valerie Takah, and is based on the following grounds that pursuant to a letter of offer by the respondent's landlord, the applicant prepared and lodged for registration a lease document in favour of the respondent sometimes in November 13, 2018 to which services were rendered and remain undisputed. That the respondent failed, refused and/or reneged to fulfill its part of the obligation to pay of a sum of Kshs. 70,868. 56/= being the legal costs for the preparation and registration of the lease document. That the Applicant was prompted to file a Bill of Costs dated June 24, 2021 and which bill was taxed on the 9th December, 2022 at Kshs. 58,982. 56/=. That subsequent to the delivery of the Ruling on the Bill of Costs, a Certificate of Cost was issued on the December 15, 2022 for Kshs. 58,982. 56/=.
3. This court has considered the application and the supporting affidavit. The same was served but the respondent failed to attend court or file any response. That no reference has been filed against the Taxation. I find the same is unopposed. I find the application is merited and I grant it as prayed.
4. It is so ordered.
DELIVERED, DATED AND SIGNED AT MOMBASA THIS 21ST JUNE 2023. N.A. MATHEKAJUDGE