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Gazemba & Wekesa Co Advoctes v Trident Insurance Company Limited (Miscellaneous Civil Application E013 of 2021) [2022] KEHC 15010 (KLR) (2 November 2022) (Ruling)
Neutral citation:
[2022] KEHC 15010 (KLR)
Republic of Kenya
Miscellaneous Civil Application E013 of 2021
LW Gitari, J
November 2, 2022
IN THE MATTER OF THE ADVOCATES ACT (CAP 16 OF THE LAWS OF KENYA ) & THE ADVOCATES REMUNERATION ORDER, 2014AND
IN THE MATTER TO TAXATION AND ADVOCATE – CLIENT BILL OF COSTS
Between
Gazemba & Wekesa Co Advoctes
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. The application before me is a notice of motion dated 23/6/2022 and seeks the following orders:-
1.That the court be pleased to enter Judgment against the respondent on the amount of Kshs.63,300/- certified on Certificate of Taxation herein dated the September 29, 2021, together with interest at the rate of 14% per annum from 19th July, 2021 until payment in full.
2.That a Decree issues in respect of the sum of Kshs.63,300/- certified on the Certificate of Taxation dated the 29th September, 2021, together with interest at the rate of 14% per annum from the 19th July 2021, until payment in full, and that the Applicant be at liberty to execute for recovery of same in such manner as Decree of this Honourable Court.
3.That the costs of this application be provided for.The application is supported by the affidavit of Janet Nasimiyu Wekesa, an advocate who practices in the firm of Gazemba Wekesa and Company Advocates. She deposes that the respondent was served with a bill of costs and a Taxation Notice dated 31/5/2021. The bill of costs arose from outstanding fees payable to the applicant together with interests at 14% per annum. The respondent was therefore made aware of the outstanding fees and the bill of costs for taxation. The respondent did not attend court nor did he file any documents to challenge the bill of costs.
2.The Deputy Registrar of this court proceeded and taxed the bill of costs dated 31/5/2021 on 15/7/2021 in the sum of Kshs.63,300/-. A certificate of taxation was then issued. The applicant has come to this court to realize the costs which are in the Certificate of Taxation and has urged this court to enter Judgment for the costs together with interests at 14% per annum as the application is not opposed and the retainer is not disputed.
3.I have considered the application. From the record, the costs were taxed by the Deputy Registrar who noted that the respondent did not object. Annexture JNW2 shows that Taxation Notice was issued to the respondent who received it and stamped it to acknowledge that it was received. They did not file objection nor did they attend court.
4.The applicant has filed affidavit of service dated 26/10/2022 to prove that the respondent was served with this application. The respondent did not oppose the application nor have they attended court to oppose the application. I therefore find that the application is not opposed. The application is brought under section 3A, of the Civil Procedure Act and section 51 of the Advocates Act Cap (Cap16 Laws of Kenya) The section provides:-5. I find that the application is properly before this court as it is the court with jurisdiction to enter Judgment on costs and especially where retainer is not disputed. As observed above, the application was not opposed and there was no dispute that the respondent had engaged the applicant to act on their behalf. I find that this application has merits. I allow the application and order that:-1.Judgment is hereby entered for the applicants against the respondent in the sum of Kshs.63,300/- as per the certificate of taxation dated 20th September 2021.2.The amount of Kshs.63,300/-shall attract interests at 14% from the date hereof till payment in full.3.Costs to the applicant.
DATED, SIGNED AND DELIVERED AT CHUKA 2ND DAY OF NOVEMBER 2022.L.W. GITARIJUDGE2/11/2022
