[2023] KEHC 1667 (KLR)
The court found that the applicant had complied with the procedural requirements for entry of judgment on a certificate of taxation under section 51(2) of the Advocates Act. The respondent, despite being served, failed to participate or contest the application. The court noted that while a demand for payment had...
Source-derived case information.
- Citation
- [2023] KEHC 1667 (KLR)
- Parties
- Applicant: V Chokaa & Co Advocates; Respondent: County Government of Mombasa as Successor of Municipal of Mombasa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 243 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment on Certificate of Taxation
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest at court rates from date of judgment; each party to bear own costs
- Judges
- DKN Magare
- Legal Topics
- Advocate Remuneration, Taxation of Costs, Entry of Judgment, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
V Chokaa & Co Advocates
Applicant
County Government of Mombasa as Successor of Municipal of Mombasa
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Entry of Judgment on Certificate of Taxation
Legal Issues
- 1 Whether judgment should be entered for the applicant based on the certificate of taxation issued by the Deputy Registrar.
- 2 Whether interest is payable under rule 7 of the Advocates Remuneration Order given the circumstances of service and timing of the application.
- 3 Whether the respondent was properly served and given an opportunity to participate.
Ratio Decidendi
The court found that the applicant had complied with the procedural requirements for entry of judgment on a certificate of taxation under section 51(2) of the Advocates Act. The respondent, despite being served, failed to participate or contest the application. The court noted that while a demand for payment had been issued, there was no evidence of service of the same upon the client, and the application for judgment was filed within 30 days of the demand. Consequently, the court held that interest would accrue at court rates from the date of judgment, not from the expiry of 30 days after demand. The court therefore entered judgment for the applicant for the taxed amount and directed...
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest at court rates from date of judgment; each party to bear own costs
Orders
- Judgment is entered for the applicant against the respondent for Kshs 28,789,235 as per the certificate of costs dated January 27, 2023.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
25 paragraphs
V Chokaa & Co Advocates v County Government of Mombasa as Successor of Municipal of Mombasa (Civil Miscellaneous Application 243 of 2021) [2023] KEHC 1667 (KLR) (10 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1667 (KLR)
Republic of Kenya
In the High Court at Mombasa
Civil Miscellaneous Application 243 of 2021
DKN Magare, J
March 10, 2023
Between
V Chokaa & Co Advocates
Applicant
and
County Government of Mombasa as Successor of Municipal of Mombasa
Respondent
Ruling
1. This matter came before me on March 6, 2023 for hearing of the application dated February 17, 2023.
2. The application seeks for entry of judgment on the certificate of taxation issued on February 27, 2023. The taxation was allowed on November 10, 2022. by the Deputy Registrar of this court. The subject matter for which the case was taxed was Kshs 15,547,769 against the 1st defendant and Kshs 1,610,498,274 as against the 2nd defendant in Mombasa HCC 159 of 2010.
3. Be it as may the court has already assessed costs at a specific figure, that is, 28,789,235.
4. The application is expressed to be brought under section 51(2) of the Advocates Act, rule 7 of the Advocates Remuneration Order, order 36(1) of the Civil Procedure Rules and section 3(a) of the Civil Procedure Act.
5. A notice for the demand of fees was issued on January 30, 2023. The 30 days required under rule 7 expired on March 4, 2023. However, in spite of being served through their advocates BN Otieno & Company Advocates, the respondents and their advocates did not turn up in court.
6. As a fact after filing of the notice dated May 17, 2022, there does not appear to be active participation of the respondent. The respondent’s do not appear to care about prudent management of public resources.
7. The applicant has done his part, serving the bill of costs, and other processes.I am unable to resist the urge to allow the application. The said application dated February 17, 2023 is allowed in the following terms: -a.Judgment be entered for the applicant against the respondent for a sum of Kshs 28,789,235/=.b.Each party to bear their costs.c.Interest from the date of judgment hereof.
8. Before I depart I need to address the issue regarding interest. Under rule 7, same is applicable 30 days after demand. In this matter I have gone through the demand. There is no evidence of service of the same upon the client
9. Further, the application for judgment was filed within 30 days, effectively placing this matter outside rule 7 of the Advocates Remuneration Order.Interest is therefore to be applied at court rates from the date of judgment hereof.
Determination 10. I therefore make the following orders: -a.Judgment is entered for the applicant against the respondent in terms of the certificate of costs dated January 27, 2023 for Kshs 28,789,235/=b.Each party to bear their own costsc.The amount to attract interest from the date of judgment hereof.
DELIVERED, DATED AND SIGNED AT MOMBASA ON THIS 10TH DAY OF MARCH, 2023. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.HON. MR. JUSTICE DENNIS KIZITO MAGARE JUDGE OF THE HIGH COURT, MOMBASAIn the presence of:Dr. Chokaa for the ApplicantNo appearance for the RespondentAndrew Mwambanga/Oliver Musundi – Court AssistantsM.D. KIZITO, J.