[2005] KEHC 1785 (KLR)
The court found that the applicant had been retained by the respondent, had rendered legal services, and that its fees had been taxed at KES 38,217.50. There was no dispute as to the retainer or any opposition from the respondent. Under section 51(2) of the Advocates Act, the court is empowered to enter judgment for...
Source-derived case information.
- Citation
- [2005] KEHC 1785 (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
- ? 211 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, interest, and costs of the application.
- Judges
- MM Kasango
- Legal Topics
- Taxation of Costs, Advocate Client Fees, Judgment on Taxed Costs
- 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 interest should be awarded on the taxed costs and at what rate.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had been retained by the respondent, had rendered legal services, and that its fees had been taxed at KES 38,217.50. There was no dispute as to the retainer or any opposition from the respondent. Under section 51(2) of the Advocates Act, the court is empowered to enter judgment for the taxed costs where there is no dispute as to retainer. The court also found it appropriate to award interest at 9% per annum from the date of the certificate of taxation until payment in full, as well as the costs of the application. Accordingly, judgment was entered for the applicant as prayed.
Court Disposition
Application allowed. Judgment entered for the applicant for taxed costs, interest, and costs of the application.
Orders
- Judgment is entered against the respondent in the sum of KES 38,217.50 with interest at the rate of 9% per annum from 8th June 2005 until payment in full.
- The applicant is awarded costs of the application dated 23rd June 2005.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICOMMERCIAL DIVISION, MILIMANIMisc Appli 211 of 2005WAINAINA IRERI & COMPANY ADVOCATES……...…APPLICANTVERSUSKENYA BUS SERVICES LIMITED………………….…RESPONDENTRULING
The applicant has by a Notice of Motion sought for judgment to be entered in its favour in respect of taxed costs against the respondent. The applicant has moved under section 51 (1) and (2) of the Advocates Act. The respondent despite being served did not attend the hearing nor did it file any papers in opposition.
The applicant was retained by the respondent to represent the respondent in RMCC No. 3272 of 2001.
The applicant filed a memorandum of appearance and a defence on behalf of the respondent and subsequently successfully applied for the dismissal of the suit. The respondent failed to pay the applicant’s fees and the same were taxed at kshs 38, 217. 50. The applicant seeks for interest at the rate of 9% per annum. I have considered the application dated 23. 6.2005 and I find that the same is merited and accordingly I grant the following orders: -
(1) That judgment be entered against the respondent in the sum of kshs 38, 217. 50 with interest at the rate of 9% from the 8th June 2005 until payment in full.
(2) That the applicant is awarded costs of the application dated 23rd June 2005. Dated and delivered this 29th July 2005.
MARY KASANGO JUDGE