[2005] KEHC 1301 (KLR)
The court found that the applicant was retained by the respondent to act in RMCC No. 4906 of 2002, performed the required legal services, and obtained a certificate of taxation for the sum of Kshs 38,157.90. There was no dispute as to the retainer or any other sufficient reason to deny the application. Accordingly,...
Source-derived case information.
- Citation
- [2005] KEHC 1301 (KLR)
- Parties
- Applicant: Wainaina Ireri & Company Advocates; Respondent: Kenya Bus Services Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 209 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for taxed costs and costs of the application.
- Legal Topics
- Taxation of Costs, Advocate Client Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wainaina Ireri & Company Advocates
Applicant
Kenya Bus Services Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for taxed costs against the respondent under section 51 of the Advocates Act.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant was retained by the respondent to act in RMCC No. 4906 of 2002, performed the required legal services, and obtained a certificate of taxation for the sum of Kshs 38,157.90. There was no dispute as to the retainer or any other sufficient reason to deny the application. Accordingly, the applicant was entitled to judgment for the taxed costs and costs of the application under section 51(2) of the Advocates Act.
Court Disposition
Application allowed. Judgment entered for the applicant for taxed costs and costs of the application.
Orders
- Judgment is entered for the applicant for the sum of Kshs 38,157.90 being taxed costs against the respondent.
- The applicant is granted an order for costs in the application dated 23rd June 2005.
Full Case Text
Judgment text and source record
8 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL DIVISION, MILIMANI Misc Appli 209 of 2005
WAINAINA IRERI & COMPANY ADVOCATES …..…..APPLICANT VERSUS KENYA BUS SERVICES LIMTED……………………..RESPONDENT
R U L I N G The applicants have by a Notice of Motion sought for judgment to be entered in its favour in respect of taxed costs against the respondent.
The application is brought under section 51 (1) and (2) of The Advocates Act. The applicants, who are a firm of advocates, were retained to represent the respondent in RMCC No. 4906 of 2002. The applicant filed memorandum of appearance and defence and later successfully applied for the dismissal of the suit. The respondent failed to pay the applicant’s fees, which were later, the subject of taxation at kshs 38, 157. 90.
I have considered the application dated 23rd June 2005 and I find that the same is merited, and I accordingly grant the following orders: -
2) That the applicant is granted an order for costs in the application dated 23rd June 2005.
Dated and delivered this 29th July 2005.
MARY KASANGO JUDGE