[2015] KEHC 1375 (KLR)
The court found that there was no evidence of any challenge to the certificate of taxation dated 19th August 2015, nor any challenge to the retainer by way of reference or otherwise. In the absence of such challenge, the court is bound to enter judgment in favour of the advocate for the taxed costs as per Section...
Source-derived case information.
- Citation
- [2015] KEHC 1375 (KLR)
- Parties
- Applicant: Tengo W. Madara & Company Advocates; Respondent: Vector Solutions Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 813 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate's Application for Judgment on Taxed Costs
- Outcome
- judgment for applicant
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tengo W. Madara & Company Advocates
Applicant
Vector Solutions Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the advocate is entitled to judgment for taxed costs as per the certificate of taxation.
- 2 Whether there is any valid challenge to the certificate of taxation or to the retainer.
Ratio Decidendi
The court found that there was no evidence of any challenge to the certificate of taxation dated 19th August 2015, nor any challenge to the retainer by way of reference or otherwise. In the absence of such challenge, the court is bound to enter judgment in favour of the advocate for the taxed costs as per Section 51(2) of the Advocates Act. The application was therefore granted as prayed, with judgment entered for the applicant in the sum of KES 621,793 plus interest at 14% per annum from the date of taxation until payment in full.
Court Disposition
judgment for applicant
Orders
- Judgment entered in favour of the advocate/applicant against the client/respondent in the sum of KES 621,793.
- Interest at 14% per annum from the date of taxation until payment in full.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION NO. 813 OF 2014
TENGO W. MADARA & COMPANY ADVOCATES………….......….APPLICANT
VERSUS
VECTOR SOLUTIONS LIMITED ………………………………….RESPONDENT
RULING
By an application dated 8th September 2015 brought under the provisions of Section 51(1) and (2) of the Advocates Act Cap 16 Laws of Kenya, the advocate seeks for judgment for costs as taxed in the sum of kshs 621,793. The application is unopposed.
There is no evidence of any challenge to the certificate of taxation dated 19th August 2015 and neither is there challenge as to retainer by way of a reference or otherwise.
In the premise, I see no reason why I should not grant the application.
Accordingly, I enter judgment in favour of the advocate/applicant against the client/respondent in the sum of kshs 621,793 together with interest at 14 % per annum from the date of taxation until payment in full. A decree to issue to that effect.
There shall be no orders as to costs of this application.
Orders accordingly.
R.E. ABURILI
JUDGE
15/10/2015