Hawa Mohamed Abdalla (suing as the administrator of the estate of Mohamed Hussein Absura (Deceased) v United Care Limited & 2 others [2021] KEELC 1508 (KLR)
The bottom line
#The High Court confirmed that a late, unpermitted challenge to taxed legal fees fails, and the advocate could enforce Kshs. 7,094,870.
What this practically means
#Executive summary
#Key legal issues
#Timeliness of a reference against a taxing officer's decision
The Client was required to file the reference within 14 days of delivery of the Ruling (10th September 2020), i.e. by 24th September 2020, or seek leave; having done neither, the reference was fatally out of time.
Clause 11 of the Advocates Remuneration Order requires notice of objection within 14 days and a chamber summons reference within 14 days of receipt of reasons. The Ruling of 10th September 2020 constituted the reasons; the Client annexed it to his own application, showing no other reasons existed. Filing on 30th December 2020 without leave breached Clause 11.
Effect of filing a reference on entry of judgment on a certificate of taxation
Filing a reference or requesting reasons does not stay execution or defeat judgment on a valid certificate of costs.
Relying on In re Estate of Alice Kahaki Njoka [2016] eKLR, the court held that a certificate of costs under Section 51(2) of the Advocates Act is valid and binding until set aside or altered, so execution premised on it is lawful. The mere filing of a reference cannot defeat the application for entry of judgment.
Merits of the Advocate's application for judgment on the taxed costs
The application dated 16th October 2020 was meritorious since the reference stalling it was struck out.
The court framed the two applications as interdependent: judgment on the taxed sum could only be denied if the Client's reference succeeded. With the reference struck out for being out of time and without leave, no grounds remained to interfere with the Taxing Master's certificate for Kshs. 7,094,870.
Legal principles established
#- A reference to challenge a taxing officer's decision must be filed within 14 days or with leave of the court; filing a reference does not stay execution on a certificate of taxation.
- A certificate of costs remains valid and binding until set aside or altered by the court, and execution on it is lawful.
Court orders
#- 1.The Application dated 16th October, 2020 is allowed as prayed
- 2.The Application dated 30th December, 2020 is struck out with costs
- Jurisdiction invoked
- Advocates Remuneration Order, Clause 11
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hawa Mohamed Abdalla (suing as the administrator of the estate of Mohamed Hussein Absura (Deceased) v United Care Limited & 2 others [2021] KEELC 1508 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1508/eng@2021-10-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.