[2024] KEELRC 502 (KLR)
The court held that since the bill of costs was taxed by consent and a certificate of costs was issued, and there was no appeal or reference against the taxation, the applicant was entitled to judgment for the certified sum. The respondent failed to respond to the application or settle the amount despite demand. The...
Source-derived case information.
- Citation
- [2024] KEELRC 502 (KLR)
- Parties
- Applicant: Wilfred N. Konosi t/a Konosi & Co Advocates; Respondent: Musimoto Motor Company Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E010 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- DN Nderitu
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Costs, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred N. Konosi t/a Konosi & Co Advocates
Applicant
Musimoto Motor Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the certified costs as per the certificate of costs.
- 2 Whether interest at 14% is payable from the date of taxation.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court held that since the bill of costs was taxed by consent and a certificate of costs was issued, and there was no appeal or reference against the taxation, the applicant was entitled to judgment for the certified sum. The respondent failed to respond to the application or settle the amount despite demand. The court further held that interest at 14% per annum was payable from the date of taxation, being the date when the amount became due and payable. The applicant was also awarded the costs of the application, assessed at Kshs.15,000.
Court Disposition
application allowed
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs.326,053.20 certified in the certificate of costs dated 14th November, 2023.
- Interest at 14% per annum awarded on the taxed amount from 14th November, 2023 until payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
Wilfred N. Konosi t/a Konosi & Co Advocates v Musimoto Motor Company Ltd (Miscellaneous Application E010 of 2023) [2024] KEELRC 502 (KLR) (7 March 2024) (Ruling)
Neutral citation: [2024] KEELRC 502 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Miscellaneous Application E010 of 2023
DN Nderitu, J
March 7, 2024
Between
Wilfred N. Konosi t/a Konosi & Co Advocates
Applicant
and
Musimoto Motor Company Ltd
Respondent
Ruling
1. In a notice of motion dated 21st November, 2023 (the application) the applicant, an advocate of the High Court, is seeking the following orders –1. Spent2. That the court be pleased to enter judgment for the applicant against the respondent in the sum of Kshs.326. 053. 20 certified in certificate of costs dated 14th November, 2023 together with interest at 14% from 24th July, 2022 until payment in full.3. That a decree be issued in respect of the Certificate of Costs dated 14th November, 2023 and issued on 20th November, 2023 and that the Applicant be at liberty to execute for recovery of the same in such manner as a Decree of this Honourable Court.4. That the costs of this application be borne by the Respondent.
2. The application is expressed to be brought under section 51(2) of the Advocates Act, section 27(2) of the Civil Procedure Act and order 51 rule 1 of the civil procedure rules, and based on the grounds on the face of it.
3. The application is supported with the affidavit of Lilian Trufosa Ekesa, Advocate, sworn on even date with several annexures thereto.
4. The application follows taxation of advocate/client bill of costs dated 26th September, 2023 wherein the applicant’s costs against the respondent/client for legal services rendered were by consent of counsel for both parties assessed at Kshs.326,053. 20 on 14th November, 2023, and a certificate of costs issued on 20th November, 2023. The certificate of costs is exhibited as an annexure.
5. On 13th December, 2023 when the application came up in court for hearing Mr. Konosi appeared for the applicant and Mr. Oira appeared for the respondent. The respondent was granted 14 days to respond to the application but none was filed.
6. As noted above, the bill of costs was taxed by consent in the sum of Kshs.326,053. 20. No appeal or reference has been filed against the said taxation. The applicant has exhibited several letters demanding the respondent to settle the amount but no payments have been made or any other action taken or proposal(s) made by the respondent in settlement of the same.
7. In the circumstances, there is no legal or any other reason as to why the applicant may be denied the fruits of the consent and the resultant taxation and the amount awarded.
8. The application is allowed as prayed.
9. However, the taxed amount of Kshs.326,053. 20 shall attract interest at 14% from the date of taxation, 14th November, 2023, as that is the date when the same became due and payable.
10. The costs of the application are awarded to the applicant and hereby assessed at Kshs.15,000/=.
DELIVERED VIRTUALLY, DATED, AND SIGNED AT NAKURU THIS 7TH DAY OF MARCH, 2024. ....................................DAVID NDERITUJUDGE