1.Before court is the Notice of Motion dated February 18, 2022 and brought under Section 51(2) of the Advocates Act Chapter 16 of the Laws of Kenya. The applicant sought for the following orders:-a.That Judgment be entered in favour of the applicant against the respondent for the sum of Kshs 4,553,539/= being the certified costs due to the applicant as against the respondent.b.That the respondent do pay to the applicant the costs of this application together with interest on the taxed sum.
2.The application is premised on the grounds that the Advocate-Client costs have been taxed and a Certificate of taxation issued to that effect. Nevertheless, the respondent has neglected to pay the taxed costs as such judgment should be entered for the applicant as against the respondent.
3.Sospeter Opondo Aming’a swore his affidavit in support of the application. He deposed that he acted for the respondent in HCCC No 19 of 2016 –Kiambu where the respondent has now refused to pay the legal fees amounting to Kshs 4,553,539/= which has since been taxed and a certificate of taxation issued on October 28, 2021.
Issues For Determination
4.Having considered the application and the supporting affidavit, the main issue for determination is whether the application is merited for the court to enter judgment in the sum of Kshs 4,553,539/=.
6.The wordings of the above section empower the court to enter judgment on the taxed amount if the same is uncontested.
7.In determining whether the court should adopt the amount on the certificate of taxation as the judgment of the court it should be satisfied that the certificate of taxation has not been set aside. I place reliance in the case of: Lubulellah & Associates Advocates v NK rothers Limited (2014) eKLR where the court observed that;-
8.In light of the foregoing this court makes the following findings and determination;i.This court finds the application to be meritorious;ii.The application dated February 18, 2022 be and is hereby allowed.iii.Judgment be and is hereby entered in favour of the Advocate in the sum of Kshs 4,553,539/= as per the Certificate of Taxation dated October 28, 2021.iv.There shall be no order on interest on the taxed sum.v.The applicant to bear its own costs on this application.