[2019] KEHC 11550 (KLR)
The court found that the applicant had established that it was entitled to judgment for the taxed costs as per the certificate of taxation, there being no opposition or dispute as to retainer from the respondent. The application was properly served, and the respondent expressly declined to contest it. The court...
Source-derived case information.
- Citation
- [2019] KEHC 11550 (KLR)
- Parties
- Appellant: Waiganjo Wachira & Co Advocates; Respondent: Pacis Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 677 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed as prayed
- Judges
- CM Kamau
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Waiganjo Wachira & Co Advocates
Appellant
Pacis Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the taxed advocate/client costs as per the certificate of taxation.
- 2 Whether interest at 14% per annum should be awarded from the date of taxation until payment in full.
- 3 Whether the application is unopposed and should be allowed as prayed.
Ratio Decidendi
The court found that the applicant had established that it was entitled to judgment for the taxed costs as per the certificate of taxation, there being no opposition or dispute as to retainer from the respondent. The application was properly served, and the respondent expressly declined to contest it. The court therefore allowed the application as prayed, entering judgment for the taxed costs of Kshs 72,045 with interest at 14% per annum from 13th November 2017 until payment in full.
Court Disposition
application allowed as prayed
Orders
- Judgment is entered for the applicant for the taxed advocate/client costs of Kshs 72,045 as contained in the certificate of taxation dated 8th March 2019, with interest at 14% per annum from 13th November 2017 until payment in full.
- The respondent shall pay the costs of this application to the applicant.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
MISCELLANEOUS APPL NO 677 OF 2017
WAIGANJO WACHIRA & CO ADVOCATES.............................APPELLANT
VERSUS
PACIS INSURANCE COMPANY LIMITED.............................RESPONDENT
RULING
INTRODUCTION
1. The Applicant’s Notice of Motion application dated 18th March 2019 and filed on 16th April 2019 was brought pursuant to the provisions of Section 51(2) of the Advocates Act, Chapter 16 Laws of Kenya and paragraph 7 of the Advocates Remuneration Order, Order 51 Rule 1 of the Civil Procedure Rules 2010 and all other enabling provisions of the Law. It sought the following orders:-
1. THAT judgment be entered for the taxed Advocate/Client cost of Kshs 72,045/= contained in the Certificate of Taxation dated 8th March 2019 with interest thereon at the rate of 14% per annum with effect from 13th November 2017 until payment in full.
2. THAT cost of the application be awarded to the Advocate/Applicant.
2. The court gave directions to the parties on the filing of affidavits and Written Submissions on 30th May 2019 and fixed the matter for mention on 22nd July 2019 to confirm compliance and/or for further orders and/or directions.
3. On the said 22nd July 2019, the Applicant’s counsel informed the court that it did not file its Written Submissions because it had not been served with a Replying Affidavit by the Respondent. Counsel for the Respondent informed the court that they would not be filing any response or Written Submissions and asked the court to give its Ruling on the said application.
4. This court therefore reserved a Ruling date of the said application.
LEGAL ANALYSIS
5. The Applicant’s present application was supported by the Affidavit of James Ichaura Wachira that was sworn on 18th March 2019.
6. It stated that it was instructed by the Respondent to represent it in Nairobi CMCC NO 4733 of 2015 Jasbinder Pal Singh vs Gichuhi Susan.The Advocates’ Bill of costs dated 13th November 2017 was taxed on 2nd August 2018. A Certificate of Costs in the sum of Ksh 72,045/= was issued on 8th March 2019.
7. Having been satisfied that the said application had been duly served upon the Respondent and there was no response in opposition to the same and having heard from counsel for the Respondent that they would not be filing any response or Written Submissions, this court determined that the said application was unopposed.
DISPOSITION
8. For the foregoing reasons, the upshot of this court’s decision was that the Applicant’s Notice of Motion application dated 18th March 2019 and filed on 16th April 2019 was merited and the same is hereby allowed as prayed.
9. It is so ordered.
DATED and DELIVERED at NAIROBI this 23rd day of July 2019
J. KAMAU
JUDGE