Andrew Barney Khakula T/A J.S Khakula & Co Advocates v Tranquility Development Limited [2018] KEELC 2173 (KLR)
The bottom line
#Kenyan courts will convert a taxed advocate's fee certificate into an enforceable judgment unless the client has formally challenged it through the proper channels.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment on a certificate of costs may be entered under Section 51(2) of the Advocates Act despite the respondent's claim that retainer was disputed and an appeal was pending
The criteria for entry of judgment under Section 51 of the Advocates Act were met; the absence of a reference, objection notice, stay order or leave to appeal on the record meant nothing warranted withholding judgment.
The taxing officer had taxed the bill and issued a certificate on 18/5/2016 which had not been set aside or altered. The retainer issue had been raised before the taxing officer and resolved in the applicant's favour. The court record disclosed no reference, appeal memorandum, objection notice under Paragraph 11 of the Advocates Remuneration Order, stay order or leave to appeal capable of withholding entry of judgment.
Legal principles established
#- A certificate of taxation is final as to the amount of costs unless set aside or altered by the court, and judgment may be entered where retainer is not disputed
- A party disputing retainer must utilise the Paragraph 11 Advocates Remuneration Order mechanism; merely asserting lack of retainer cannot defeat entry of judgment
Court orders
#- 1.The Notice of Motion dated 2/7/2017 is allowed in terms of prayers 1 and 2 (judgment entered against the respondent as drawn in the certificate of taxation dated 18/5/2016)
- 2.The applicant shall have costs of the application
- Jurisdiction invoked
- Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Gidion Mike Mbuvi v Registered Trustees of National Christian Council of Kenya & 3 others [2014] KEELC 506 (KLR)[2014] KEELC 506 (KLR)15 Jan 2014
Cite this brief
#Cite this brief
Caselaw, "Andrew Barney Khakula T/A J.S Khakula & Co Advocates v Tranquility Development Limited [2018] KEELC 2173 (KLR)", Case Analysis (2018). Notice of Motion dated 2/7/2017 (arising from advocate/client bill of costs taxed in Nairobi ELC No 708 of 2013 and No 878 of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2173/eng@2018-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.