MUTHOGA GATURU & CO. ADVOCATE v GABRIEL WAWERU WANJOHI T/A MOUNTAIN ROCK HOTEL [2010] KECA 184 (KLR)
The bottom line
#A Kenyan advocate whose bill was taxed and unchallenged can convert the Certificate of Taxation directly into a court judgment for the unpaid fees.
What this practically means
#Executive summary
#Key legal issues
#Effect of an unchallenged Certificate of Taxation
The Taxation Certificate is prima facie evidence of the taxed amount and that amount is final unless the certificate is set aside or varied; judgment may then be entered under section 51(2).
The taxing officer's certificate stands as conclusive evidence of the sum due. No evidence was presented that the certificate had been set aside or varied by the court, and the respondent, though served, did not attend to oppose the application or pursue the preliminary objection.
Entry of judgment for advocate's fees under section 51(2) of the Advocates Act
Where the retainer is not disputed and the costs remain unpaid, the court may order judgment to be entered for the sum certified, with costs.
The applicants were instructed on 6th February 1997 and performed their brief until instructions were withdrawn on 13th February 1998. The bill was taxed at Kshs. 89,126.85, the certificate was unchallenged, and the respondent failed to settle the taxed costs, satisfying the statutory conditions for entry of judgment.
Legal principles established
#- A Certificate of Taxation is final as to the amount of costs covered by it unless set aside or altered by the court, and where the retainer is not disputed the court may order judgment to be entered for the certified sum.
Court orders
#- 1.Judgment entered for the applicants against the respondent in the sum of Kshs. 89,126.85 as per prayer 1 of the Notice of Motion dated 13th July, 2006
- 2.The application allowed with costs
- On appeal from
- Taxing Officer (Deputy Registrar, High Court, Nakuru)
- Taxation of Bill of Costs; underlying suit Nakuru C.M.C.C. No. 1558 of 1996
- Jurisdiction invoked
- Section 51(2) of the Advocates Act; paragraph 7 of the Advocates (Remuneration) (Amendment) Order (L.N. 550 of 1997); Order 50 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "MUTHOGA GATURU & CO. ADVOCATE v GABRIEL WAWERU WANJOHI T/A MOUNTAIN ROCK HOTEL [2010] KECA 184 (KLR)", Case Analysis (2010). Nakuru High Court Miscellaneous Application (Notice of Motion dated 13th July, 2006). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2010/184/eng@2010-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.