J. K. KOSKEI & CO. ADVOCATES v STANDARD ASSURANCE LIMITED [2007] KEHC 797 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS)

MISC APPLI 387 OF2007

J. K. KOSKEI & CO. ADVOCATES………………PLAINTIFF

VERSUS

STANDARD ASSURANCE LIMITED.....……..DEFENDANT

RULING

The Notice of Motions dated 9th October 2007 has been filed by the Applicant/Advocate against the Client under Section 51 of the Advocates Act, Order L rule 1 of Civil Procedure Rules and Section 3A of Civil Procedure Act.  It seeks judgment on taxed costs as found due by the Deputy Registrar on the 11th May 2007 with costs.  Two reasons are given as grounds for the application.  One that the costs have already been taxed and, two the Client is yet to pay for the same.

There is an affidavit sworn in support of the application, sworn by NELSON SITONIK, on behalf of the Advocate.  The Advocate annexes the Certificate of Taxation and depones that to his knowledge, the certificate has neither been challenged nor altered.  He also depones that there is no dispute as to the retainer.

I have considered this application.  I note from the file that an application was heard inter parties before the Deputy Registrar, in which the Client/Respondent sought unsuccessfully to have the Certificate of Taxation set aside.  The basis of the application was that there was still a suit pending before Kiambu Court, out of which this miscellaneous application had been filed.  The Court declined to set aside the certificate on grounds no good cause was shown.

There was no challenge concerning the retainer in the application before the Deputy Registrar.  I find there is therefore no dispute as to the retainer.

The Advocate has, under Section 51(2) of the Advocate Act, to show

a)         that a bill of costs has been taxed and a certificate issued by the Taxing Master

b)        that the certificate has not been set aside, varied or stayed by a court and;

c)         that there is no dispute as to the retainer.

I do find that the Advocate/Applicant has satisfied all three requirements under the quoted section.  A Certificate of Taxation is final as to the costs payable to the Advocate.

The Applicant deserved to be paid his costs.  This application is merited.  I do hereby allow it and enter judgment for the Advocate against the Client on the sum of Kshs.43,925/= with costs of the application.

Dated at Nairobi this 16th day of November, 2007.

LESIIT, J.

JUDGE

Read, signed and delivered in the presence of:

N/A

LESIIT, J.

JUDGE