[2012] KEHC 440 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued by the deputy registrar. The respondent, despite being served, failed to appear or raise any objection or set-off. In the absence of any challenge to the certificate of taxation, the court held that the applicant...
Source-derived case information.
- Citation
- [2012] KEHC 440 (KLR)
- Parties
- Applicant: Wachira Nderitu, Ngugi & Co Advocates; Respondent: City Council of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 221 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Enter Judgment as Per Certificate of Taxation
- Outcome
- application granted; judgment entered for applicant as per certificate of taxation
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Entry of Judgment on Taxed Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wachira Nderitu, Ngugi & Co Advocates
Applicant
City Council of Nairobi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Enter Judgment as Per Certificate of Taxation
Legal Issues
- 1 Whether the applicant is entitled to judgment as per the certificate of taxation issued by the deputy registrar.
- 2 Whether the respondent has any valid set-off or objection to the taxed costs.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued by the deputy registrar. The respondent, despite being served, failed to appear or raise any objection or set-off. In the absence of any challenge to the certificate of taxation, the court held that the applicant was entitled to judgment for the amount certified, together with interest at 9% from 30 days after service of the costs. The court thus granted the application and entered judgment in favour of the applicant.
Court Disposition
application granted; judgment entered for applicant as per certificate of taxation
Orders
- Judgment is entered in favour of the applicant for Ksh. 868,768 as per the certificate of taxation.
- Interest at 9% is awarded from 30 days after service of the costs.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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Editorial Summary
1. Advocate/Client bill of costs
2. Civil application
3. Bill of costs/professional fees
4. Application to enter judgment as per certificate of taxation
5. Held:
Application granted.
6. Case Law:
7. Advocates:
i)E.N. Nderitu instructed by M/s Wachira Nderitu, Ngugi & Co Advocates for applicant
ii)V.A. Oyangi instructed by M/s V.A. Oyangi & Co Advocates for respondent
WACHIRA NDERITU, NGUGI & CO ADVOCATES ……………. APPLICANT
VERSUS
CITY COUNCIL OF NAIROBI ..……………...........…...……… RESPONDENT
R U L I N G
I.INTRODUCTION
1. The applicant/advocate’s bill of costs for professional fees was taxed on the 2nd July 2012 between the said advocate and client. The deputy registrar duly issued a taxed certificate on 13th July 2012.
2. Whereas the respondent were requested to pay the said sum of Ksh. 868,768/-, they failed to do so.
3. The application herein prays that the court enters judgment as per the certificate of taxation duly issued by the deputy registrar.
IIPROCEDURE
4. On the day called out for hearing, the respondents were absent. They were served and the application was heard exparte under Order 12 r 2(a) Civil Procedure Rules.
IIIFINDINGS
5. I hereby find that a certificate by the deputy registrar was issued on the 13th July 2012.
6. That judgment be and is hereby entered in favour of the applicant together with interest at 9%, 30 days from the date of service of the costs.
7. That there was no set off claims in this proceedings.
8. That the costs to the applicant.
DATED THIS 16TH DAY OF OCTOBER 2012 AT NAIROBI
M.A. ANG’AWA
JUDGE
Advocates:
i)E.N. Nderitu instructed by M/s Wachira Nderitu, Ngugi & Co Advocates for applicant
ii)V.A. Oyangi instructed by M/s V.A. Oyangi & Co Advocates for respondent