Joe Ngigi & Company Advocates LLP v Trident Insurance Company Limited [2025] KEHC 3047 (KLR)

Joe Ngigi & Company Advocates LLP v Trident Insurance Company Limited (Miscellaneous Civil Application E272 of 2023) [2025] KEHC 3047 (KLR) (17 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3047 (KLR)

Republic of Kenya

In the High Court at Nakuru

Miscellaneous Civil Application E272 of 2023

PN Gichohi, J

March 17, 2025

Between

Joe Ngigi & Company Advocates Llp

Applicant

and

Trident Insurance Company Limited

Respondent

Ruling

1. Vide a Notice of Motion dated 8th March 2024 and brought under Section 51 (2) of the Advocates Act, the Advocate /Applicant seeks Orders that judgment be entered in his favour for the sum of Kshs. 156,000/= being the certified costs due to the Applicant against the Respondent.

2. He also seeks costs of this application together with interest on the taxed sum from the date of taxation. In the Affidavit sworn on 8th March 2024 by Joseph N. Ngigi , the Applicant states that the Respondent instructed the firm of Joe Ngigi & Co. Advocates LLP to act for the Defendant in Nakuru CMCC. No. 303 of 2020 Milkah Gathoni Maina vs Paddy Distributors Ltd & Joyce Wangui Wachira & Nakuru Cement Supplier.

3. However, the Respondent failed to pay the Applicant’s legal fees thus necessitating the Applicant to file a Bill of Costs dated 10th August, 2023, which was taxed at Kshs. 156,000/= vide a Ruling delivered by Hon. Christine Menya(DR) dated 24th January 2023. Subsequently, the Taxing Officer issued a Certificate of Taxation dated 6th March, 2024 in favour of the Applicant for the sum of Kshs. 156,000/=.

4. That the Certificate of Costs has not been set aside, Appealed or altered by the Court. In the circumstances, the Applicant urged this Court to allow the application as prayed.

Determination 5. After considering this application and the annexures thereto, the only issue for determination is whether the application herein has met the legal threshold to warrant the orders sought.

6. There is evidence on record that indeed, the Applicant duly acted for the Respondent in the above stated case as confirmed by the letter of instructions from the Respondent dated 30th August, 2021.

7. The Applicant’s /Advocate /Client Bill of Costs dated 10th August, 2023 and a Notice dated 1st September 2023were duly served on the Respondent but he did not respond or attend court for the taxation. The Bill was therefore not challenged.

8. It is also noted that despite being served with this application on 5th December, 2024 as evidenced by the Affidavit of Service, the Respondent did not file any response and did not attend this Court either. The Certificate of Costs has not been set aside and there are no outstanding proceedings to set it aside. It has not been stayed or appealed against.

9. Section 51 (2) of the Advocates Act provides that:-“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.”

10. In the circumstances, the Certificate of Taxation dated 10th January 2023 is therefore final and the Applicant should be allowed to enjoy the fruits of his labour by entering judgment in the sum of Kshs. 156,000/= as sought.

11. Further, paragraph 7 of the Advocates (Remuneration) Order provides that:“An advocate may charge interest at 14 per cent per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, provided that such claim for interest is raised before the amount of the bill shall have been paid or tendered in full.”

12. This Court has also noted the Applicant’s demand letter to the Respondent dated 18th July 2023 notifying the Respondent of the Applicant’s right to charge interest if payment is not made within 30 days of the date thereof.

13. In the circumstances, application dated 8th March 2024 is allowed in the following terms:-1. Judgment be and is hereby entered in favour of the Applicant as against the Respondent in the sum of Ksh. 156,000/= together with interest thereon at fourteen (14%) per cent per annum calculable after Thirty (30) days from the date when this application was served upon the Respondent until payment in full.2. The Applicant is at liberty to execute the same as against the Respondent.3. Costs are awarded to the Applicant.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 17TH DAY OF MARCH, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kering for Advocate/ApplicantN/A for the Client/RespondentRuto, Court Assistant*