Kinyua Mbaabu & Co Advocates v Nomads Quintessence Agri-Solutions Limited [2023] KEHC 1234 (KLR)

Kinyua Mbaabu & Co Advocates v Nomads Quintessence Agri-Solutions Limited (Miscellaneous Application 558 of 2021) [2023] KEHC 1234 (KLR) (Commercial and Tax) (26 January 2023) (Ruling)

Neutral citation: [2023] KEHC 1234 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Commercial and Tax

Miscellaneous Application 558 of 2021

PN Gichohi, J

January 26, 2023

Between

Kinyua Mbaabu & Co Advocates

Applicant

and

Nomads Quintessence Agri-Solutions Limited

Respondent

Ruling

1. Before this court is the application dated July 18, 2022 brought under section 51(2) of the Advocates Act and rule 7 of the Advocates (Remuneration) Orderseeking orders that;1. The court enters judgment for the applicant against the respondent for the sum of Ksh 64,837/= as appears on the certificate of taxation dated January 10, 2022 with interest from the date of filing this application until payment in full.2. Upon the court adopting the certificate of taxation dated January 10, 2022, the applicant be allowed to execute the same against the respondent.

2. The application is supported by the affidavit sworn by Kenneth K Mbaabu who states that the applicant filed an advocate- client bill of costs dated July 28, 2022. He avers that the bill of costs was uncontested and upon proof of service, was heard by the taxing master who finally issued delivered a ruling on January 10, 2022 whereby he taxed the bill at Ksh 64,837/=.The taxing master then issued a certificate of taxation dated January 10, 2022 in favour of the applicant for the sum of Ksh 64,837/=.

Determination 3. I have considered that this application is served but unopposed. The respondent did not attend court either. This is a simple application. There is a certificate of taxation for Ksh 64,837/=. 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.”

4. Further , paragraph 7 of theAdvocates (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.”

5. The certificate of taxation issued on January 10, 2022 and has not been set aside or altered by this court. The application 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 64,837/= together with interest thereon at fourteen (14%) per cent per annum calculable after thirty (30) days from the date when the application was served upon the respondent until payment in full.2. The applicant is allowed to execute the same as against the respondent.3. Costs awarded to the applicant.

READ, SIGNED AND DELIVERED VIRTUALLY AT MILIMANI THIS 26TH DAY OF JANUARY, 2023. PATRICIA GICHOHIJUDGEIn the presence of:Ms Akinyi for Mbaabu for Appellants/ApplicantsN/A For the RespondentGrace Njuki, Court AssistantRULING COMMERCIAL & TAX DIVISION MISC.APPLICATION NO. 558 OF 2021 Page 2