[2024] KEHC 13811 (KLR)
The court found that the application to adopt the certificate of taxation as an order of the court was meritorious, as there was no opposition from the respondent and no evidence of any stay or setting aside of the certificate. The court relied on the principle that a certificate of taxation, once issued and not...
Source-derived case information.
- Citation
- [2024] KEHC 13811 (KLR)
- Parties
- Applicant: Tripple N W & Co Advocate; Respondent: Esther Mungai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E201 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application to Adopt Certificate of Taxation as Court Order
- Outcome
- Application allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation, Adoption of Costs, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Tripple N W & Co Advocate
Applicant
Esther Mungai
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application to Adopt Certificate of Taxation as Court Order
Legal Issues
- 1 Whether the certificate of taxation dated 27th April 2023 should be adopted as an order of the court.
- 2 Whether the applicant is entitled to interest on the taxed costs.
- 3 Whether the unopposed application should be allowed.
Ratio Decidendi
The court found that the application to adopt the certificate of taxation as an order of the court was meritorious, as there was no opposition from the respondent and no evidence of any stay or setting aside of the certificate. The court relied on the principle that a certificate of taxation, once issued and not challenged, is enforceable as a decree. The absence of any response from the respondent further justified granting the orders sought. Accordingly, the application was allowed as prayed, and costs were awarded to the applicant.
Court Disposition
Application allowed as prayed.
Orders
- The certificate of taxation dated 27th April 2023 taxing the advocate-client bill of costs at Kshs. 158,700 is adopted as an order of the court.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
23 paragraphs
Tripple N W & Co Advocate v Mungai (Miscellaneous Application E201 of 2022) [2024] KEHC 13811 (KLR) (Family) (7 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13811 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Application E201 of 2022
HK Chemitei, J
November 7, 2024
Between
Tripple N W & Co Advocate
Applicant
and
Esther Mungai
Respondent
Ruling
1. In their application dated 28th July 2023 the Applicants pray for orders that the taxation dated 7th December 2022 taxing the advocates - client bill of costs at Kshs. 158,700/= be adopted as the order of the court.
2. The Applicants also prayed that interest be awarded.
3. The application is based on the sworn affidavit of Kiroko Ndegwa advocate sworn on the same date.
4. The application was not opposed by the respondent though served.
5. The court has perused the said application together with the annexures thereto and specifically the Certificate of Taxation dated 27th April 2023.
6. In the absence of any opposition to the application and or setting aside or stay of the above certificate of costs the application is found to be meritorious and it is hereby allowed as prayed.
7. Costs to the Applicants.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 7TH DAY OF NOVEMBER 2024. H K CHEMITEI.JUDGE