[2015] KEHC 2308 (KLR)
The court found that the Deputy Registrar's Certificate of Costs, having not been challenged by reference or otherwise, stands as valid and enforceable. The respondent, despite being served, did not oppose the application. Under Section 51(2) of the Advocates Act, the court is empowered to convert such a certificate...
Source-derived case information.
- Citation
- [2015] KEHC 2308 (KLR)
- Parties
- Applicant: Wafula Simiyu & Company Advocates; Respondent: Anne Njeri Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 476 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Convert Certificate of Costs Into Decree
- Outcome
- application granted
- Judges
- CM Kariuki
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Enforcement of Costs Certificate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wafula Simiyu & Company Advocates
Applicant
Anne Njeri Mwangi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Convert Certificate of Costs Into Decree
Legal Issues
- 1 Whether the Deputy Registrar's Certificate of Costs should be converted into a court decree under Section 51 of the Advocates Act.
- 2 Whether there is any valid opposition or reference against the taxed costs.
Ratio Decidendi
The court found that the Deputy Registrar's Certificate of Costs, having not been challenged by reference or otherwise, stands as valid and enforceable. The respondent, despite being served, did not oppose the application. Under Section 51(2) of the Advocates Act, the court is empowered to convert such a certificate into a decree. There being no legal impediment or opposition, the court granted the application as prayed, allowing the certificate of costs to be converted into a decree for enforcement.
Court Disposition
application granted
Orders
- Prayer 1 of the motion dated 22.6.2015 is granted as prayed.
- There will be no orders as to costs since the motion is not opposed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & ADMIRALTY DIVISION
MISC. NO. 476 OF 2014
IN THE MATTER OF THE ADVOCATES REMUNERATION ORDER
AND
IN THE MATTER OF ADVOCATE-CLIENT BILL OF COST
BETWEEN
WAFULA SIMIYU & COMPANY ADVOCATES.....................................................ADVOCATE
Versus
ANNE NJERI MWANGI……....………………. ..............................................................CLIENT
(Arising from Milimani HCCC NO.507/2012)
BETWEEN
ANNE NJERI MWANGI..............................................................................……….PLAINTIFF
VERSUS
COOPERATIVE BANK OF KENYA LIMITED........................................................DEFENDANT
RULING
By motion dated 22. 6.2015 the Applicant seeks the Deputy Registrars Certificate of Costs dated 19. 6.2015 to be converted into a decree of the court.
The application is anchored on the provisions of Section 51 of the Advocates Act Cap 16 Laws of Kenya. The same motion is predicated on the grounds that the costs were taxed by the Deputy Registrar on 30. 9.2014 to Kshs.1,815, 569 and a certificate thereof issued dated 19. 6.2015.
The taxation order aforesaid, has not been impugned either via a reference or otherwise. The taxed amount has not been paid. The application is supported by the Affidavit of JIMMY WAFULA SIMIYU sworn on 22. 6.2015. The said Affidavit literates the contents of the grounds set out on the foot of the motion.
The Respondent was served with the instant application, but has opted not to oppose the same. The court has no reason to deny the applicant his entitlement by forestalling the wheels of justice from grinding and or twining in favour of the Applicant.
The court thus makes the following orders:-
Prayer 1 of the motion dated 22. 6.2015 is granted as prayed.
There will be no orders to costs since the motion is not opposed.
Dated, signed and delivered in court at Nairobi this 18th day of September, 2015.
……………………………
C. KARIUKI
JUDGE