Maina and Partners Advocates v Kwale International Sugar Co Ltd [2021] KEELRC 136 (KLR)
The bottom line
#A Kenyan court converted a taxed certificate of costs into a judgment for Ksh.126,483.90, but blocked execution until a credit dispute over 24 files is resolved.
What this practically means
#Executive summary
#Key legal issues
#Adoption of a certificate of taxation into a decree under Section 51(2) of the Advocates Act
Judgment entered for the taxed sum since the certificate was neither set aside nor altered and was not shown to be in dispute
The Deputy Registrar taxed the Advocate/Client Bill of Costs at ksh.126,483.90 and a certificate of costs was issued on 3rd September 2021. No opposition was filed and the Respondent confirmed it was not opposing. Under Section 51(2), such a certificate is final as to the amount certified, entitling the Court to enter judgment for the certified sum with costs.
Effect of the taxing officer's direction that the Respondent be given credit for ksh.1,750,000 paid as legal fees across 24 files
Execution of the decree stayed until the credit issue between the parties is resolved
The taxing officer's Ruling indicated that some credit is to be given to the Respondent across a series of twenty-four files. Because this credit had not been sorted out, the court entered judgment for the certified sum but directed that the decree not be executed until the credit issue is resolved between the parties, protecting the Respondent from double payment.
Legal principles established
#- A taxing officer's certificate of costs that has not been set aside or altered by the Court, and whose retainer is not disputed, is final as to the amount of costs covered thereby and judgment may be entered for the certified sum
Court orders
#- 1.Judgment entered in the sum of ksh.126,483.90 being the Applicant's costs certified by the taxing officer vide the Certificate of Costs dated 2nd October 2018 and issued on 3rd September 2021
- 2.The decree shall not be executed against the Respondent until the issue of the credit ordered by the taxing officer in a series of twenty four (24) files is sorted out between the parties
- 3.Interest on the decretal sum at Court rates calculated from the date of the Ruling until payment in full
- Jurisdiction invoked
- Section 51(2) of the Advocates Act and Order 11(3) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maina and Partners Advocates v Kwale International Sugar Co Ltd [2021] KEELRC 136 (KLR)", Case Analysis (2021). Misc. Application No 3 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/136/eng@2021-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.