Ngaywa Ngingi & Kibet Advocates v Invesco Assurance Co Ltd [2022] KEHC 10063 (KLR)

Ngaywa Ngingi & Kibet Advocates v Invesco Assurance Co Ltd (Miscellaneous Civil Application 1 of 2020) [2022] KEHC 10063 (KLR) (20 July 2022) (Ruling)

Neutral citation: [2022] KEHC 10063 (KLR)

Republic of Kenya

In the High Court at Murang'a

Miscellaneous Civil Application 1 of 2020

J Wakiaga, J

July 20, 2022

Between

Ngaywa Ngingi & Kibet Advocates

Applicant

and

Invesco Assurance Co Ltd

Respondent

Ruling

1. By a Notice of Motion dated July 19, 2021 under section 51(2) of the Advocates Act, the applicant moved the court for an order that judgement be entered against the respondent for the sum of kenya shillings one hundred and sixty-nine thousand, four hundred and five (kshs 165405) being the certified cost due.

2. It was supported by the grounds that the advocate –client cost was taxed at the sad sum and that there was no dispute that the respondent had retained the applicant as their advocate and despite the said taxation the same had b] neglected and or refused to settle the taxed amount.

3. It was supported by the annexed affidavit of Joseph N Ngugi in which it was deposed that the applicant represented the respondent’s insured in Kigumo Srmc no 18 Of 2015 Samson Mutwiri Kijogi Vs Paul Muthama & Kamau Christopher, and upon the respondent failing to pay the legal fee, the same was taxed at the amount claimed herein.

4. It was contended that the applicant was instructed through a letter dated April 20, 2016 and that the certificate of taxation thereon was issued on August 27, 2020.

5. The respondent though served did not file any response to the application and did not attend the hearing thereof.

Determination 6. Section 51(2) of the Advocates Act provides that the certificate of taxing officer shall be final as to the amount of cost covered thereby unless set aside and the court in cases where the retainer is not disputed shall make an order that judgement be entered for the taxed amount.

7. In this matter, the respondent has not challenged the retainer and has not disputed the taxed amount and therefore the applicant has passed the set standard for the grant of the orders sought.

8. I therefore find merit on the application herein and enter judgement for the applicant for the sum of kshs 165,405/= being the taxed amount together with interest thereon as prayed for together with cost of the application and it is ordered.

DATED SIGNED AND DELIVERED AT MURANGA THIS 20th DAY OF JULY 2022J WAKIAGAJUDGEIn the presence of;-Court assistant: Carol Mutahi