[2014] KEHC 147 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of costs issued for Kshs.193,659.50. The respondent did not file any response, did not challenge the certificate of costs, and did not dispute the retainer. Under Section 51(2) of the Advocates Act, the certificate of costs is final...
Source-derived case information.
- Citation
- [2014] KEHC 147 (KLR)
- Parties
- Applicant: Wilfred Nyaudi Konosi; Respondent: Alex Otuke
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 155 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs and costs of application; no interest awarded
- Judges
- A Mshila
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Costs, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Nyaudi Konosi
Applicant
Alex Otuke
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the applicant for the sum certified in the certificate of costs.
- 2 Whether the respondent has challenged the certificate of costs or the retainer.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of costs issued for Kshs.193,659.50. The respondent did not file any response, did not challenge the certificate of costs, and did not dispute the retainer. Under Section 51(2) of the Advocates Act, the certificate of costs is final as to the amount unless set aside or altered, and in the absence of any challenge, the court is empowered to enter judgment for the certified sum. The court therefore allowed the application and entered judgment for the applicant for the taxed costs and costs of the application, declining to award interest as it was not sought.
Court Disposition
application allowed; judgment entered for applicant for taxed costs and costs of application; no interest awarded
Orders
- Judgment is entered in favour of the applicant for Kshs.193,659.50 as taxed costs.
- The respondent shall pay the costs of this application.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC. CIVIL APPLICATION NO.155 OF 2012
WILFRED NYAUNDI KONOSI….......................................................APPLICANT
VERSUS
ALEX OTUKE...............................................................................RESPONDENT
RULING
The Notice of Motion is dated 27th July, 2012 and is brought under the provision of Section 51(2) of the Advocates Act
The Applicant is seeking the following orders inter alia:
i) Judgment be entered in favour of the Applicant against the Respondent in the sum of Kshs.193,659. 50 being the sum certified to be due.
ii) The costs of this application be borne by the Respondent
The application is predicated on the grounds on the face of the Application and upon the Affidavit in support made by WILFRED NYAUNDI KONOSI and made on the 27th July, 2012.
The Applicant depones that he acted for the Respondent in Nakuru RMCC No.270 of 2011 upto a point where he withdrew from acting and another firm of Advocates namely Gordon Ogola & Associates took over the matter.
The Bill of Costs was taxed and a Certificate of Costs issued in the sum of Kshs.193,659. 50.
There is no Replying Affidavit filed by the Respondent to rebut the above Certificate of Costs nor is the retainer, challenged.
This application proceeded for hearing in the absence of the Respondent despite service of a hearing notice being served upon the Respondent's Advocates and the Respondent personally.
The provisions of Section 51(2) of the Advocates Act read as follows:
“The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
The application is unopposed and there has been no attempt by the Respondent to vary or set aside the Certificate of Costs and therefore this court takes the liberty to make final orders.
The application is hereby allowed and judgment is entered in favour of the Applicant on the taxed costs of Kshs.193,659. 50 together with costs of the application. The application was silent on the issue of interest and therefore the same will not be granted by this court.
It is so ordered.
Dated, Signed and Delivered at Nakuru this 31st day of July, 2014
A. MSHILA
JUDGE