[2020] KEHC 9846 (KLR)
The court found that the applicant had established that the advocate/client bill of costs was taxed and a certificate of costs issued. There was no evidence of a pending reference or that the taxation had been set aside. The respondent did not oppose the application. The court held that advocates are entitled to...
Source-derived case information.
- Citation
- [2020] KEHC 9846 (KLR)
- Parties
- Applicant: 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 69 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment on Taxed Costs
- Outcome
- Application allowed as prayed.
- Judges
- CM Kamau
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Entry of Judgment, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Waiganjo Wachira & Co Advocates
Applicant
Pacis Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment for the taxed advocate/client costs as per the certificate of taxation.
- 2 Whether there is any valid opposition or reference challenging the certificate of taxation.
- 3 Whether interest and costs should be awarded as prayed.
Ratio Decidendi
The court found that the applicant had established that the advocate/client bill of costs was taxed and a certificate of costs issued. There was no evidence of a pending reference or that the taxation had been set aside. The respondent did not oppose the application. The court held that advocates are entitled to payment for legal services rendered and, in the absence of any challenge to the certificate of taxation, the applicant was entitled to judgment for the taxed costs, interest, and costs as prayed.
Court Disposition
Application allowed as prayed.
Orders
- Judgment entered for the applicant for Kshs 100,599 as per the certificate of taxation dated 24th June 2019.
- Interest at 14% per annum from 22nd January 2018 until payment in full.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
MISCELLANOUS APPLICATION NO 69 OF 2018
WAIGANJO WACHIRA & CO ADVOCATES......................ADVOCATES
VERSUS
PACIS INSURANCE COMPANY LIMITED...................................CLIENT
RULING
1. The Applicant’s Notice of Motion application dated 4th July 2019 and filed on 10th July 2019 sought entry of judgment for the taxed Advocate/Client Costs of Kshs 100,599/= contained in the Certificate of Taxation dated 24th June 2019 with interest thereon at the rate of fourteen (14%) per cent per annum with effect from 22nd January 2018 until payment in full. It also prayed for costs to be awarded to the Applicant herein.
2. The said application was supported by the Affidavit of James Ichaura Wachira that was sworn on 4th July 2019. He stated that he was instructed by the Respondent herein to represent its insured in Nairobi Civil Case No 7981 of 2016 Cliff Nyauma Obegi vs Bernard W. Kanyingi & Another and the firm of M/S S. O. Madialo & Co Advocates entered appearance for the opposing party.
3. He averred that on 22nd January 2018, the Applicant filed an Advocate/Client Bill of Costs and a Certificate of Taxation for Kshs 100,599/= which was duly issued on 24th June 2019. It was his contention that it was in the interests of justice that judgment be entered as had been sought by the Applicant herein so that it could recover the full amount due to it.
4. On 30th October 2019, this court granted the Respondent herein an opportunity to file its response to and Written submissions in respect of the present application. However, as the time it reserved its Ruling, the Respondent had not filed the aforesaid documentation.
5. It was therefore apparent that the present application was unopposed. However, the court could not grant the orders sought as a matter of course and therefore carefully considered the said application.
6. A perusal of the Affidavit of James Ichaura Wachira advocate and the grounds on the fact of the present application showed that the Advocate-Client Bill of Costs was taxed and a Certificate of Costs issued as aforesaid. There was no dispute on retainer of the Applicant by the Respondent. There was also on evidence that the Respondent had filed a reference that was pending hearing and/or determination and/or that the aforesaid Taxation of Costs had been set aside and/or vacated.
7. As advocates do not offer any charity work to clients when they offer their legal services and must then be paid their dues, this court came to the firm conclusion that the Applicant had satisfied it that it was entitled to the said costs.
DISPOSITION
8. Accordingly, the upshot of this court’s ruling was that the Applicant’s Notice of Motion application dated 4th July 2019 and filed on 10th July 2019 was merited and the same is hereby allowed as prayed.
9. It is so ordered.
DATED and DELIVERED at NAIROBI this 30th day of June 2020
J. KAMAU
JUDGE