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ELRCAllowedNotice of motion dated 25th March 2019· [2019] KEELRC 1647 (KLR)
Peter Muthoni t/a Peter Muthoni & Company Advocates v Patrick Gichinga Ngunjiri [2019] KEELRC 1647 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan advocate turned an unpaid, unopposed taxed bill of Kshs. 184,986.20 into a court judgment, making it directly enforceable against a former client.
What this practically means
#Executive summary
#This short first-instance ruling by Nzioki wa Makau, Judge, delivered at Nyeri on 15th May 2019, deals with an advocate's application to convert a taxed bill of costs into a judgment. The Applicant had acted as advocate for the Respondent and had taxed his bill of costs, which was properly taxed by the Taxing Master and was unopposed. By a notice of motion dated 25th March 2019, the Applicant sought entry of judgment against the Respondent for Kshs. 184,986.20 in terms of the Certificate of Costs issued on 14th March 2019. The court, having heard the application, entered judgment for that sum as prayed and ordered accordingly. The judgment contains no citation of authorities or statutes, no contested findings of fact, and no costs order beyond the entry of judgment itself. It is a routine but useful illustration that an unopposed, properly taxed advocate-client bill may be enforced by entry of judgment in the same court.
Key legal issues
#01
Entry of judgment on a taxed advocate-client bill of costs
Holding
Judgment was entered against the Respondent for the taxed sum in terms of the Certificate of Costs.
Reasoning
The Applicant, who acted as advocate for the Respondent, taxed his bill of costs, which was properly taxed by the Taxing Master and remained unopposed. He then moved the court by notice of motion dated 25th March 2019 seeking entry of judgment to give effect to the certificate of costs. Having heard the application, the court entered judgment as prayed.
p. 2
Legal principles established
#- A properly taxed and unopposed advocate-client bill of costs may be converted into a judgment of the court upon application.
Court orders
#- 1.Judgment entered against the Respondent for Kshs. 184,986.20 in terms of the Certificate of Costs issued on 14th March 2019
- Jurisdiction invoked
- Taxing Master's Certificate of Costs of 14th March 2019; Advocate's Bill of Costs taxed and unopposed
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Muthoni t/a Peter Muthoni & Company Advocates v Patrick Gichinga Ngunjiri [2019] KEELRC 1647 (KLR)", Case Analysis (2019). Notice of motion dated 25th March 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1647/eng@2019-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.