[2025] KEELRC 554 (KLR)
The court found that the applicant's Bill of Costs had been taxed and a Certificate of Taxation issued. The respondent failed to file any response or submissions in opposition and did not demonstrate settlement of the taxed costs. In the absence of opposition and pursuant to section 51(2) of the Advocates Act, the...
Source-derived case information.
- Citation
- [2025] KEELRC 554 (KLR)
- Parties
- Applicant: V Chokaa & Company Advocates; Respondent: Roy Hauliers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E233 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Amended Motion for Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- S Radido
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation, Judgment Entry, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
V Chokaa & Company Advocates
Applicant
Roy Hauliers Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Amended Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the Certificate of Taxation.
- 2 Whether the respondent is liable to pay interest at 14% per annum from the date of taxation until payment in full.
- 3 Whether the absence of opposition or settlement by the respondent justifies entry of judgment for the applicant.
Ratio Decidendi
The court found that the applicant's Bill of Costs had been taxed and a Certificate of Taxation issued. The respondent failed to file any response or submissions in opposition and did not demonstrate settlement of the taxed costs. In the absence of opposition and pursuant to section 51(2) of the Advocates Act, the court held that the applicant was entitled to judgment for the taxed sum as per the Certificate of Taxation. The court further held that interest at 14% per annum from the date of taxation was payable on the costs. The applicant was also awarded the costs of the motion. The court's decision was grounded on the statutory presumption that a certificate of taxation is conclusive...
Court Disposition
application allowed
Orders
- Judgment is entered for the advocate against the respondent in the sum of Kshs 45,285/-.
- The respondent shall pay interest on the costs at 14% per annum from the date of taxation until payment in full.
Full Case Text
Judgment text and source record
28 paragraphs
V Chokaa & Company Advocates v Roy Hauliers Limited (Miscellaneous Application E233 of 2024) [2025] KEELRC 554 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KEELRC 554 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Miscellaneous Application E233 of 2024
S Radido, J
February 27, 2025
IN THE MATTER OF THE ADVOCATES ACT CAP 16 LAWS OF KENYA AND IN THE MATTER OF THE TAXATION OF COSTS BETWEEN ADVOCATE AND CLIENT AND IN THE MATTER OF NAIROBI MAGISTRATES ELRC NO E033 OF 2023
Between
V Chokaa & Company Advocates
Applicant
and
Roy Hauliers Limited
Respondent
Ruling
1. V. Chokaa & Co. Advocates (the advocate) caused its Advocate–Client Bill of Costs against Roy Hauliers Ltd (the Respondent) to be taxed on 30 September 2024.
2. On 17 October 2024, the advocate moved the Court through a Motion dated 17 October 2024 (and amended on 29 October 2024), seeking orders:i.That judgment be entered for the applicant as against the Respondent in the sum of Kshs 137,800/- in accordance with the Certificate of Taxation of costs filed with the Plaint.ii.That the Respondent to pay the applicant the said sum together with interest thereon at 14% per annum with effect from 8th August 2024 until payment in full.
3. The Motion was served upon the Respondent on 4 November 2024. Despite the service, the Respondent did not file a response to the Motion.
4. When the Motion came up on 19 November 2024, the parties were absent and the Court directed the Deputy Registrar to notify to appear for directions on 27 January 2025.
5. When the parties appeared in Court on 27 January 2025, the Court directed them to file and exchange submissions on the two applications.
6. The advocate filed his submissions on 20 January 2025. The Respondent's submissions were not on record by the agreed timeline.
7. The Court has considered the Motion, affidavit in support and submissions.
8. The advocate's Bill of Costs was taxed on 30 September 2024.
9. The Respondent has not filed a response in opposition to the Motion.
10. The Respondent has also not demonstrated that it has settled the taxed costs which arose out of professional legal services provided by the advocate. The advocate cannot execute without the adoption of the Certificate of Costs by the Court.
Orders 11. Considering that there is no opposition to the Motion, the Court orders:i.The Amended Motion dated 29 October 2024 is allowed on the terms:(a)That judgment is entered for the advocate against the Respondent in the sum of Kshs 45,285/-.(b)The Respondent to pay interest on the costs at 14% from the date of taxation.
12. The advocate to have costs of the Motion.
DELIVERED VIRTUALLY, DATED AND SIGNED IN NAIROBI ON THIS 27TH DAY OF FEBRUARY 2025. RADIDO STEPHEN, MCIARBJUDGEAppearancesFor Advocate V. Chokaa & Co. AdvocatesFor Respondent Waruiru Karuku & Mwangale AdvocatesCourt Assistant Wangu