Joe Ngigi & Company Advocates LLP v Trident Insurance Company Limited [2025] KEHC 6787 (KLR)

Joe Ngigi & Company Advocates LLP v Trident Insurance Company Limited (Miscellaneous Civil Application E273 of 2023) [2025] KEHC 6787 (KLR) (21 May 2025) (Ruling)

Neutral citation: [2025] KEHC 6787 (KLR)

Republic of Kenya

In the High Court at Nakuru

Miscellaneous Civil Application E273 of 2023

PN Gichohi, J

May 21, 2025

Between

Joe Ngigi & Company Advocates LLP

Applicant

and

Trident Insurance Company Limited

Respondent

Ruling

1. By a Notice of Motion dated 8th March 2024 and brought under Section 51 (2) of the Advocates Act, the Advocate /Applicant seeks Orders that: -1. Judgment be entered in favour of the Applicant against the Respondent for the sum of Kenya Shillings Sixty Thousand Two Hundred and Fifty (Kshs. 60,250) being the certified costs due to the Applicant against the Respondent.2. The Respondent does pay the Applicant the costs of this Application together with interest on the taxed sum.

2. The Application is based on the grounds on the face of the Application and supported by the Affidavit of the Advocate, Joseph N. Ngigi, sworn on 8th March, 2024.

3. The deponent states that the Respondent instructed the firm of Joe Ngigi & Co. Advocates LLP (the Applicant) to act for the Defendant in Nakuru CMCC. No. E273 of 2020- Charity Wanjiku V Paddy Distributors Ltd & Joyce Wangui Wachira.

4. However, the Respondent failed to pay the Applicant it’s legal fees thus necessitating the filling of the Bill of costs dated 10th August, 2023, which was taxed at Kshs. 65,250 by Hon. Christine Menya (DR) on 24th January, 2024 and a Certificate of Taxation dated 6th March, 2024 issued to that effect.

5. He states that the Certificate of Costs has not been set aside, appealed against or altered by the Court. In the circumstances, he he urges this Court to allow the application as prayed.

Determination 6. 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.

7. The Applicant has annexed a letter of instructions from the Respondent dated 7th July, 2021 instructing the Applicant to act for it in Nakuru CMCC Nos. E34, E41, E33 & E54 of 2020 various Plaintiffs v Paddy Distributors Ltd & Anor.

8. The Bill of costs dated 10/8/2023 is specifically for Nakuru CMC No. E54 of 2020, Charity Wanjiku Macharia vs Paddy Distributors Ltd & Joyce Wangui Wachira. There is indeed a Memorandum of Appearance dated 19/7/2021 filed by the Applicant on behalf of the Respondent herein who was the 1st Defendant in the said suit. There is also the 1st Defendant’s Statement of Defence.

9. There is no doubt that the Applicant indeed acted for the Respondent in Nakuru CMC No. E54 of 2020, Charity Wanjiku Vs Paddy Distributors Ltd & Joyce Wangui Wachira and on instructions issued by the Respondent.

10. The Applicant’s Client-Advocate Bill of Costs dated 10/8/ 2023 and the Taxation Notice dated 7/9/2023 for scheduled taxation on 3/10/2023 were duly served on the Respondent, as evidenced by the Affidavit of service sworn on 12/9/2023 by Dickson Kariuki, a court process server. Despite service, the Respondent did not respond or attend court for the taxation. The Bill was therefore not challenged.

11. 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.”

12. This Court notes that the Respondent was also served with the current Application on 6th November, 2024 but has equally failed to respond and or attend court for hearing of the same. Accordingly, the Certificate of taxation dated 6th March, 2024 is final and the Applicant should be allowed to enjoy the fruits of his labour by entering judgment in the sum of Kshs. 60, 250/= as sought.

13. This Court has noted that the Applicant by the demand letter dated 17th February, 2023 notifying the Respondent of the Applicant’s right to charge interest if payment is not made within 30 days of the date thereof.

14. In the circumstances, the Application dated 8th March, 2024 is merited and 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 Kshs 60,250/- 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 of this Application is awarded to the Applicant.

DATED , SIGNED AND DELIVERED AT NAKURU THIS 21ST DAY OF MAY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kering for Advocate/ApplicantN/A for the Client/RespondentRuto, Court Assistant