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ELCPartially AllowedEnvironment & Land Case E003 of 2021· [2022] KEELC 15520 (KLR)

Menelik House Limited v Osodo

Environment and Land Court
19 December 2022
JOJudy Omange
349 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Nairobi (Omange J) determined a Notice of Motion dated July 15, 2022 in which the defendant, Francis Odumbe Osodo, sought adoption of a Certificate of Taxation dated February 16, 2022 as a judgment of the court. The application was brought under Section 3A of the Civil Procedure Act, Sections 48 and 51 of the Advocates Act, and Order 51 of the Civil Procedure Rules. The defendant further sought orders compelling the plaintiff, Menelik House Limited, to comply with the certificate within 7 days, with the OCS Kilimani Police Station supervising fulfilment. Counsel for the plaintiff opposed prayers 3, 4 and 5 on the basis that the orders sought should be raised before the Deputy Registrar, although the ruling also records the application as unopposed. No submissions were filed despite leave granted at the directions hearing of November 23, 2022. The court held that, pursuant to Section 51 of the Advocates Act, the defendant was entitled to judgment for the taxed amount, and adopted the Certificate of Taxation as a judgment of the court. However, the court declined the special execution prayers, holding that execution should follow the normal execution process. The application was allowed in those terms, with costs of the application awarded to the defendant. Judgment was delivered at Nairobi on December 19, 2022.

Key legal issues

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01

Adoption of a Certificate of Taxation as judgment

Holding

The Certificate of Taxation dated February 16, 2022 was adopted as a judgment of the court

Reasoning

The application was brought under Sections 48 and 51 of the Advocates Act. A Certificate of Taxation had been issued by the Deputy Registrar on February 16, 2022. Section 51 of the Advocates Act entitles the advocate to judgment for the taxed amount, so the court adopted the certificate as judgment.

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02

Mode of execution of the adopted certificate

Holding

Execution must follow the normal execution process; no special supervisory orders were made

Reasoning

The defendant sought compliance within 7 days with supervision by the OCS Kilimani Police Station. The court declined to grant these special execution orders, holding that execution of the court order should follow the ordinary execution process.

p. 1

Legal principles established

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  • Under Section 51 of the Advocates Act, a party taxed and issued with a Certificate of Taxation is entitled to judgment for the taxed amount

Court orders

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  1. 1.The certificate of taxation dated February 16, 2022 is adopted as a judgment of the court
  2. 2.The defendant is awarded costs of the application

Authorities

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Legislation

  • Civil Procedure ActSection 3A
  • Advocates ActSections 48, 51
  • Civil Procedure RulesOrder 51
Jurisdiction invoked
Section 3A of the Civil Procedure Act, Sections 48 and 51 of the Advocates Act, Order 51 of the Civil Procedure Rules

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, "Menelik House Limited v Osodo", Case Analysis (2022). Environment & Land Case E003 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15520/eng@2022-12-19

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