Magatta & Associates v Trident Insurance Company Limited [2025] KEHC 96 (KLR)

Magatta & Associates v Trident Insurance Company Limited (Miscellaneous Civil Application E092 of 2024) [2025] KEHC 96 (KLR) (14 January 2025) (Ruling)

Neutral citation: [2025] KEHC 96 (KLR)

Republic of Kenya

In the High Court at Naivasha

Miscellaneous Civil Application E092 of 2024

GL Nzioka, J

January 14, 2025

Between

Magatta & Associates

Applicant

and

Trident Insurance Company Limited

Respondent

Ruling

1. By an application dated 30th day of July 2024, brought under the provisions of section 51(2) of the Advocates Act (Cap 16) Laws of Kenya, section 27(2) of the Civil Procedure Act (Cap 21) Laws of Kenya and Order 51 Rule 1 of the Civil Procedure Rules 2010 the applicant is seeking for the following orders:a.That the court be pleased to enter judgment for the applicant against the respondent in the sum of Kshs. 158,113. 00 only in terms of the Certificate of Costs dated 29th of July 2024 together with the accrued interest thereon until payment in full.b.That the costs of this application be borne by the respondent.

2. The application is based on the grounds thereto and an affidavit sworn by Owen Magata, an Advocate of the High Court of Kenya practising as such in the applicant’s firm.

3. He avers that on 27th October 2017 the respondent instructed the applicant’s firm to file a defence to protect its interests in Chief Magistrate Civil Suit No. 737 of 2017 at Naivasha, which the applicant did.

4. However, the respondent neglected and/or refused to pay the legal fees for the service rendered necessitating the applicant filing Advocates-Client bill of Costs dated 7th May, 2024.

5. That, the Deputy Registrar delivered the ruling on the bill on 21st June 2024 and taxed the bill of costs at Kshs. 158,113. 00 and a certificate of costs was subsequently issued on 19th July 2024. The applicant thus prays that judgment be entered in its favour as prayed.

6. On 21st August 2024, the court ordered that the application be served for directions and on 18th September 2024, the court noted that, there was no evidence of service upon the respondent as alleged. On 23rd October 2024, the court was informed that the respondent had been served with the application but was not in attendance. The matter was fixed for further orders.

7. I have considered the application in the light of the provisions of section 51(2) of the advocates Act which states:The certificate of a taxing officer by whom it has been taxed shall, unless it is set aside or altered by the court, be final as to the amount of 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.

8. Upon perusal of the documents attached to the affidavit in support of the application herein. I note a copy of the bill of costs that was taxed and the resultant certificate of taxation dated 29th July 2024. In addition, there is a letter dated 27th October 2017 wherein the applicant was instructed to appear in CMCC No. 737 of 2017 on behalf of the respondent.

9. Consequently there being no objection to the application and no dispute as to the retainer, I find and hold that, the applicant has proved the threshold for entry of judgment in the sum of Kshs. 158,113. 00 as taxed.

10. As regards the interest the same is payable one (1) month from the date when the respondent was notified of the taxed as provided for in Rule 7 of the Advocates Remuneration Order which states: -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.

11. In the instant matter that date is not evident herein consequently the interest shall be paid from the date the application herein was served upon the respondent; being the 23rd day of October 2024, until payment in full. The applicant shall also have the costs of this application.

12. That is the decision of the court.

DATED, DELIVERED AND SIGNED THIS 14TH DAY OF JANUARY 2025. GRACE L. NZIOKAJUDGEIn the presence of:Mr. Mogire H/B for Mr. Magata for the applicantN/A for the respondentMr. Komen: court assistant