[2007] KEHC 587 (KLR)
The court found that the applicant's costs had been taxed and a certificate of taxation issued by the Deputy Registrar. The respondent had not filed any reference or appeal against the taxation and did not provide any affidavit or evidence to demonstrate a dispute as to the retainer. In the absence of a bona fide...
Source-derived case information.
- Citation
- [2007] KEHC 587 (KLR)
- Parties
- Plaintiff: W.G. Wambugu & Co. Advocates; Defendant: Alice Wangui Nderi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 297 of 2007
- Procedural Posture
- Civil Case / Ruling on Notice of Motion for Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- JL Osiemo
- Legal Topics
- Taxation of Costs, Advocate Client Relationship, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
W.G. Wambugu & Co. Advocates
Plaintiff
Alice Wangui Nderi
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether the taxed costs between advocate and client should be entered as judgment of the court.
- 2 Whether there is any dispute as to the retainer justifying refusal of judgment under Section 51(2) of the Advocates Act.
Ratio Decidendi
The court found that the applicant's costs had been taxed and a certificate of taxation issued by the Deputy Registrar. The respondent had not filed any reference or appeal against the taxation and did not provide any affidavit or evidence to demonstrate a dispute as to the retainer. In the absence of a bona fide dispute, and pursuant to Section 51(2) of the Advocates Act, the court held that the applicant was entitled to judgment for the taxed costs. The grounds of opposition were dismissed as unsubstantiated, and the application was allowed as prayed.
Court Disposition
application allowed
Orders
- Judgment is entered for the applicant in the sum of KES 127,717 as taxed by the Deputy Registrar on 9th March 2007.
- The respondent shall pay the costs of this application.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 297 of 2007
W.G. WAMBUGU & CO. ADVOCATES…………………….…….……PLAINTIFF
VERSUS
ALICE WANGUI NDERI…………………………………………..…..DEFENDANT
RULING
By this Notice of Motion dated 15th March 2007 and expressed to be brought under Section 51(2) of the Advocates Act, Rule 7 of the Advocates (Remuneration) Order and Order L Rule 1 of the Civil Procedure Rules, the Applicant seeks orders that the costs as taxed by the Deputy Registrar on 9th March 2007 between Client/Advocate be made judgment of this court. The applicant also seeks the costs of this application.
The application is based on the fact that the said costs have already been taxed and certificate of costs issued and that the Respondent is yet to pay the said sum. The application is also supported by an affidavit sworn by W.G. Waiganjo on 15th March 2007 in which he avers that the Advocate/Client bill of costs was taxed on 9th March 2007 at Shs.127,717/= by the Deputy Registrar and who issued a certificate of taxation; that the Respondent herein has not filed a reference by way of an appeal against the said taxation and that there is no dispute as to the retainer.
The application is opposed by the Respondent on the grounds that the Applicant has not pleaded evidence on undisputed retainer with the Respondent to justify judgment under Section 51 (2) of the Advocates Act and that the application is unmeritorious. But the Respondent did not adduce affidavit or otherwise to demonstrate in what manner retainer is disputed.
Accordingly I dismiss the grounds of opposition and allow the application in terms of Prayers 2 and 3 of the Notice of Motion dated 15th March 2007.
Dated and delivered at Nairobi this 20th day of July 2007.
J.L.A. OSIEMO
JUDGE