[2024] KEELRC 516 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as there was a valid certificate of costs issued by consent, no appeal or reference had been filed, and the respondent had not settled the amount despite demand. The court held that there was no legal reason to deny the applicant...
Source-derived case information.
- Citation
- [2024] KEELRC 516 (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 E025 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- Application allowed as prayed.
- Judges
- DN Nderitu
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Enforcement of Certificates of Costs
- 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 found that the applicant was entitled to judgment for the taxed costs as there was a valid certificate of costs issued by consent, no appeal or reference had been filed, and the respondent had not settled the amount despite demand. The court held that there was no legal reason to deny the applicant enforcement of the certificate of costs. Interest at 14% was awarded from the date of taxation, being the date the amount became due and payable. The applicant was also awarded costs of the application, assessed at Kshs.15,000.
Court Disposition
Application allowed as prayed.
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs.936,154 as certified in the certificate of costs dated 31st October, 2023.
- Interest at 14% per annum awarded on the taxed amount from 24th October, 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 E025 of 2023) [2024] KEELRC 516 (KLR) (7 March 2024) (Ruling)
Neutral citation: [2024] KEELRC 516 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Miscellaneous Application E025 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 20th 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.936,154. 00 certified in certificate of costs dated 31st October, 2023 together with interest at 14% from 8th August, 2020 until payment in full.3. That a decree be issued in respect of the certificate of costs dated 24th October, 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 17th May, 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.936,154/= on 24th October, 2023, and a certificate of costs issued on 31st October, 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.936,154/=. 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.936,154/= shall attract interest at 14% from the date of taxation, 24th October, 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 NDERITUJUDGENKR ELRC MISC APPLIC. NO. E025 OF 2023 PAGE 3RULING