Ngingi t/a Ngaywa Ngigi & Kibet Advocates v Invesco Assurance Co Ltd [2022] KEHC 12426 (KLR)

Ngingi t/a Ngaywa Ngigi & Kibet Advocates v Invesco Assurance Co Ltd (Miscellaneous Civil Case 2 of 2020) [2022] KEHC 12426 (KLR) (20 July 2022) (Ruling)

Neutral citation: [2022] KEHC 12426 (KLR)

Republic of Kenya

In the High Court at Murang'a

Miscellaneous Civil Case 2 of 2020

J Wakiaga, J

July 20, 2022

Between

Joseph N Ngingi t/a Ngaywa Ngigi & Kibet Advocates

Applicant

and

Invesco Assurance Co Ltd

Respondent

Ruling

1. By a Notice of Motion dated 15th July 2021 under Section 51(2) of the advocates Act the applicant sough for judgment for the sum of Kenya shillings one hundred and eighty-five thousand three hundred and forty only (Kshs. 185,314/=) being the certified cost due to the applicant as against the respondent.

2. It was based on the grounds that the Advocate –Client cost due had been taxed and a certificate of taxation issued and that there was no disputed that the respondent had retained the applicant. It was further supported by the affidavit of one Joseph N. Ngigi in which he deposed that applicant represented the respondents insured in Muranga SRMCC No 68 of 2021 Beatrice Wangui Maina v Daniel Wainaina & others and that arising thereon, the bill of cost was taxed and a certificate issued on 26th august 2020.

3. It was contended that despite the taxation thereon, the respondent failed and or neglected to settle the taxed cost.

4. The respondent despite being duly served, did not respond, neither did the same attend the hearing thereon.

Determination 5. Section 51(2) of the Advocates Act provides that, the certificate of taxing office by whom any bill has taxed shall unless set aside by the court, be final as to the amount covered thereby and the court shall make such orders as it think fit including where the retainer is not disputed, an order that judgement be entered for the sum certified to be due with cost.

6. In this matter the retainer I not disputed and the respondent has not challenged the bill of cost to have the same set aside or altered and therefore find and hold that the appellant has made up a case for the grant of orders sought and therefore enter judgment for the applicant for the sum of Kshs. 185,314/= together with interest thereon as prayed for and it is ordered.

DATED SIFGNED AND DELIVERED AT MURANGA THIS 20TH DAY OF JULY 2022J. WAKIAGAJUDGEIn the presence;-Carol Mutahi Court clerk