[2023] KEHC 19420 (KLR)
The court held that under Section 51(2) of the Advocates Act, once costs have been taxed and a certificate of taxation issued, and where there is no reference or challenge to the certificate, the certificate is final as to the amount due. The court is empowered to enter judgment for the certified sum without...
Source-derived case information.
- Citation
- [2023] KEHC 19420 (KLR)
- Parties
- Applicant: Simiyu Opondo Kiranga & Co. Advocates; Respondent: County Government of Kisumu
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E082 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for certified taxed costs; no order as to interest or costs on the application
- Judges
- A Mshila
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Entry of Judgment, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simiyu Opondo Kiranga & Co. Advocates
Applicant
County Government of Kisumu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the certified taxed costs against the respondent.
- 2 Whether the certificate of taxation is final and conclusive as to the amount due where there is no challenge or reference against it.
- 3 Whether interest or costs on the application should be awarded.
Ratio Decidendi
The court held that under Section 51(2) of the Advocates Act, once costs have been taxed and a certificate of taxation issued, and where there is no reference or challenge to the certificate, the certificate is final as to the amount due. The court is empowered to enter judgment for the certified sum without requiring the applicant to file a separate suit for recovery. In this case, the respondent did not dispute the retainer, did not challenge the certificate of taxation, and did not pay the certified sum. Therefore, the applicant was entitled to judgment for the amount certified in the certificate of taxation. The court declined to award interest or costs on the application, ordering...
Court Disposition
application allowed; judgment entered for applicant for certified taxed costs; no order as to interest or costs on the application
Orders
- Judgment is entered in favour of the applicant for Kshs 4,553,539 as per the Certificate of Taxation dated October 28, 2021.
- There shall be no order on interest on the taxed sum.
Full Case Text
Judgment text and source record
24 paragraphs
Simiyu Opondo Kiranga & Co. Advocates v County Government of Kisumu (Miscellaneous Application E082 of 2021) [2023] KEHC 19420 (KLR) (23 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19420 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E082 of 2021
A Mshila, J
June 23, 2023
Between
Simiyu Opondo Kiranga & Co. Advocates
Applicant
and
County Government of Kisumu
Respondent
Ruling
Background 1. Before court is the Notice of Motion dated February 18, 2022 and brought under Section 51(2) of the Advocates Act Chapter 16 of the Laws of Kenya. The applicant sought for the following orders:-a.That Judgment be entered in favour of the applicant against the respondent for the sum of Kshs 4,553,539/= being the certified costs due to the applicant as against the respondent.b.That the respondent do pay to the applicant the costs of this application together with interest on the taxed sum.
2. The application is premised on the grounds that the Advocate-Client costs have been taxed and a Certificate of taxation issued to that effect. Nevertheless, the respondent has neglected to pay the taxed costs as such judgment should be entered for the applicant as against the respondent.
3. Sospeter Opondo Aming’a swore his affidavit in support of the application. He deposed that he acted for the respondent in HCCC No 19 of 2016 –Kiambu where the respondent has now refused to pay the legal fees amounting to Kshs 4,553,539/= which has since been taxed and a certificate of taxation issued on October 28, 2021.
Issues For Determination 4. Having considered the application and the supporting affidavit, the main issue for determination is whether the application is merited for the court to enter judgment in the sum of Kshs 4,553,539/=.
Analysis 5. Section 51(2) of the Advocates Act provides:-“the certificate of the taxing officer by whom any bill has been taxed shall unless it is set aside or altered by the court, be final as to the amount of the costs recovered thereby; and the court may make such orders in relation thereto as it thinks fit, including where the retainer is not disputed an order that judgment be entered for the sum of certified to be due with costs.”
6. The wordings of the above section empower the court to enter judgment on the taxed amount if the same is uncontested.
7. In determining whether the court should adopt the amount on the certificate of taxation as the judgment of the court it should be satisfied that the certificate of taxation has not been set aside. I place reliance in the case of: Lubulellah & Associates Advocates v NK rothers Limited (2014) eKLR where the court observed that;-“The law is very clear that once a taxing master has taxed the costs, issued a Certificate of costs and there is no reference against his ruling or there has been a ruling and a determination made and not set aside and/or altered, no other action would be required from the court save to enter judgment. An applicant is not required to file suit for the recovery of costs. The certificate of costs is final as to the amounts of the costs and the court would be quite in order to enter judgment in favour of the Applicant against the Respondent herein for the taxed sum indicated in the Certificate of Taxation that was issued on November 25, 2012. ”
Determination 8. In light of the foregoing this court makes the following findings and determination;i.This court finds the application to be meritorious;ii.The application dated February 18, 2022 be and is hereby allowed.iii.Judgment be and is hereby entered in favour of the Advocate in the sum of Kshs 4,553,539/= as per the Certificate of Taxation dated October 28, 2021. iv.There shall be no order on interest on the taxed sum.v.The applicant to bear its own costs on this application.
Orders Accordingly.
DATED SIGNED AND DELIVERED ELECTRONICALLY AT KIAMBU THIS 23RD DAY OF JUNE, 2023. A.MSHILAJUDGE