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ELCAllowedNotice of Motion dated 9th September 2021· [2021] KEELC 615 (KLR)

Issa & Company Advocates v Kuldip Singh & Haminder Kaur t/a Hilltop Primary & Secondary School [2021] KEELC 615 (KLR)

High Court of Kenya
30 November 2021
MOMogeni
265 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court confirmed that a taxed fee certificate becomes a court judgment against a client, plus 14% yearly interest until fully paid.

What this practically means

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Executive summary

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The Applicant advocate filed a Notice of Motion dated 9th September 2021 under Section 51(2) of the Advocates Act, Sections 1A, 1B and 3A of the Civil Procedure Act, and Order 51 Rule 1 of the Civil Procedure Rules 2010, seeking judgment against the Client/Respondent for Kshs. 759,911.14 as per a Certificate of Taxation issued by the Taxing Officer on 15th April 2021, together with interest at court rates, and costs of the application. The Client/Respondent did not appear; only Mrs. Maina appeared for the Advocate/Applicant. The court, Mogeni J, allowed the application in its entirety. The Certificate of Taxation was adopted as a judgment of the Court and prayers 1 and 2 were granted. Judgment was entered in favour of the Advocate/Applicant for Kshs. 759,911.14, with interest at 14% per annum until payment in full, calculable from 30th November 2021, being thirty days from the date of judgment. The costs of the application were awarded to the Advocate/Applicant. The judgment was dated, signed and delivered virtually at Nairobi on 30th November 2021, with Vincent Owuor as Court Assistant. No case authorities were cited and no separate opinions were rendered.

Key legal issues

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01

Whether judgment may be entered against a client for advocate-client costs as per the Certificate of Taxation

Holding

The application was allowed and the Certificate of Taxation adopted as a judgment of the Court, with judgment entered for the taxed sum plus interest.

Reasoning

The Applicant moved under Section 51(2) of the Advocates Act seeking judgment per the Certificate of Taxation issued on 15th April 2021 for Kshs. 759,911.14. The court allowed the application, granted prayers 1 and 2, adopted the certificate as judgment, and awarded interest at 14% per annum from 30th November 2021 until payment in full, plus costs of the application.

p. 2

Legal principles established

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  • A Certificate of Taxation issued by a Taxing Officer may be adopted as a judgment of the Court under Section 51(2) of the Advocates Act

Court orders

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  1. 1.The Application dated 9/09/2021 is allowed and the Certificate of Taxation issued by the Taxing Officer on 15th April 2021 is adopted as a judgment of the Court
  2. 2.Judgment entered in favour of the Applicant for Kshs. 759,911.14 together with interest at 14% per annum until payment in full, calculable from 30th November 2021
  3. 3.Costs of the application dated 9th September 2021 awarded to the Advocate/Applicant

Authorities

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Legislation

  • Advocates Act, Chapter 16 Laws of KenyaSection 51(2)
  • Civil Procedure Act, Chapter 21 Laws of KenyaSections 1A, 1B, 3A
  • Civil Procedure Rules 2010Order 51 Rule 1
Jurisdiction invoked
Sections 51(2) of the Advocates Act, Chapter 16 Laws of Kenya; Sections 1A, 1B, 3A of the Civil Procedure Act, Chapter 21; Order 51 Rule 1 of the Civil Procedure Rules 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Issa & Company Advocates v Kuldip Singh & Haminder Kaur t/a Hilltop Primary & Secondary School [2021] KEELC 615 (KLR)", Case Analysis (2021). Notice of Motion dated 9th September 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/615/eng@2021-11-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.