[2009] KEHC 1341 (KLR)
The court held that since the applicant's bill of costs had been taxed and certified, there was no appeal against the taxation, and there was no dispute as to retainer, there was no justification to require the applicant to file a plaint to recover the certified amount. The law allows for judgment to be entered on...
Source-derived case information.
- Citation
- [2009] KEHC 1341 (KLR)
- Parties
- Plaintiff: Wasuna & Co. Advocates; Defendant: Delphis Bank Ltd.; Defendant: Kassim Bharadia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 1156 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment After Taxation of Advocate's Bill
- Outcome
- application allowed; judgment entered for applicant as taxed with interest and costs
- Legal Topics
- Advocate Remuneration, Taxation of Costs, Certificate of Taxation, Summary Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wasuna & Co. Advocates
Plaintiff
Delphis Bank Ltd.
Defendant
Kassim Bharadia
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment After Taxation of Advocate's Bill
Legal Issues
- 1 Whether judgment should be entered for the applicant based on a taxed bill of costs and certificate of taxation.
- 2 Whether the applicant is required to file a plaint to recover the certified amount when there is no dispute as to retainer or appeal against taxation.
Ratio Decidendi
The court held that since the applicant's bill of costs had been taxed and certified, there was no appeal against the taxation, and there was no dispute as to retainer, there was no justification to require the applicant to file a plaint to recover the certified amount. The law allows for judgment to be entered on the basis of a certificate of taxation in such circumstances. Therefore, judgment was entered for the applicant in the sum certified, with interest and costs.
Court Disposition
application allowed; judgment entered for applicant as taxed with interest and costs
Orders
- Judgment is entered for the applicant in the sum of Kshs.1,430,250/=.
- The applicant is awarded interest and costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Miscellaneous Case 1156 of 2006
WASUNA & CO. ADVOCATES..................PLAINTIFF
VERSUS
DELPHIS BANK LTD. .....................1ST DEFENDANT
KASSIM BHARADIA ........................2ND DEFENDANT
R U L I N G
Application dated 25/4/2007 brought under Section 5 1 (2) Advocates Act paragraph 7 Remuneration Order, Cap.16 Laws of Kenya and Section 3 of Civil Procedure Act, Cap. 21. The orders sought are:-
1. That judgment be entered in the sum of Kshs.1,340,250/=;
2. Costs.
The grounds upon which the application is made are set out and application is supported by affidavit of Francis Wasuna which shows the bill was taxed at Kshs.1,340,250/= and a certificate of taxation was issued. That there is no appeal against the taxation. There is no dispute as to retainer.
I have considered the arguments of counsel and authorities cited. I am of the opinion that there is no reason why the applicant should be called to file a plaint to make claim which is certified and not disputed. I allow the application and enter judgment for applicant as taxed in the sum of Kshs.1,430,250/= with interest and costs.
Orders accordingly.
DATED, SIGNED and DELIVERED at Nairobi this 6th day of October 2009.
JOYCE N. KHAMINWA
JUDGE