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ELCPartially AllowedNotice of Motion dated 5th December 2023 (arising from ELC No. 17 of 2015, Airport View Housing Ltd v Nairobi City County)· [2024] KEELC 3513 (KLR)

Prof. Tom Ojienda, SC (Advocate) v Nairobi City County (Client)

Environment and Land Court
30 April 2024
915 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court turned an advocate's uncontested taxation certificate into a money judgment for Ksh 708,441, but refused to add interest.

What this practically means

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Executive summary

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The Applicant, Prof. Tom Ojienda, SC, represented the Respondent, Nairobi City County, in ELC No. 17 of 2015 (Airport View Housing Ltd v Nairobi City County). He filed an advocate-client bill of costs dated 5th July 2021 claiming Ksh 8,860,421.50 in unpaid fees. By a ruling delivered on 9th December 2021, the Taxing Master taxed the bill at Ksh 708,441, and a Certificate of Taxation dated 17th November 2023 was issued. By a Notice of Motion dated 5th December 2023 under Section 51(2) of the Advocates Act, the Applicant sought entry of judgment for Ksh 708,441 with interest from 16th July 2021, leave to execute, and costs. Relying on Gichuki Kingar'a, A.M. Kimani and Lubulellah, he submitted that a certificate of taxation unaltered by the court is final as to the amounts of costs. The Respondent did not participate. The court disregarded the Applicant's further affidavit of 28th February 2024, filed without leave and unanswered. Framing the sole issue as whether the application was merited, the court found the certificate of taxation and the taxing master's ruling undisputed and entered judgment for Ksh 708,441. However, it declined the prayer for interest and ordered each party to bear its own costs of the application. The application thus succeeded in part. The ruling was delivered virtually at Nairobi on 30th April 2024 by E. K. Wabwoto, J.

Key legal issues

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Whether judgment should be entered under Section 51(2) of the Advocates Act on the certificate of taxation

Holding

Yes; the requirements were satisfied as the certificate of taxation and taxing master's ruling were uncontroverted

Reasoning

The court applied Section 51(2) of the Advocates Act, noting the bill was taxed at Kshs 708,441, a certificate of taxation was issued on 17th November 2023, and neither the certificate nor the taxing master's ruling had been set aside or altered. There was no objection to the application and the Respondent, served and aware of the bill, did not attend or dispute the amount. Judgment was therefore entered, though interest was refused as a matter of discretion.

p. 2

Legal principles established

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  • Where a certificate of taxation has not been set aside or altered, the court may enter judgment for the taxed amount under Section 51(2) of the Advocates Act

Court orders

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  1. 1.Judgment entered in favour of the Applicant against the Respondent for Ksh 708,441 as per the Certificate of Taxation dated 17th November 2023
  2. 2.The claim of interest is declined
  3. 3.Each party to bear its own costs of the application

Authorities

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Legislation

  • Advocates ActSection 51(2)

Cases cited (3)

  • Gichuki Kingar’a & Company Advocates v Mugoya Construction & Engineering Limited
    [2015] eKLR
  • A.M. Kimani & Company Advocates v Kenindia Assurance Company Ltd
    (2006)
  • Lubulellah & Associates Advocates v N K Brothers Limited
    [2014] eKLR
Jurisdiction invoked
Section 51(2) of the Advocates Act

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, "Prof. Tom Ojienda, SC (Advocate) v Nairobi City County (Client)", Case Analysis (2024). Notice of Motion dated 5th December 2023 (arising from ELC No. 17 of 2015, Airport View Housing Ltd v Nairobi City County). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3513/eng@2024-04-30

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