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Case Brief · caselaw.co.ke
High CourtAllowed· [2006] KEHC 2120 (KLR)
KAMUNYORI & COMPANY ADVOCATES v CANNON ASSURANCE K LIMITED
AI-assisted case brief
·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan advocate with a taxed, unchallenged bill of costs and an undisputed retainer can convert it directly into a court judgment for the full amount plus interest.
What this practically means
#Executive summary
#The applicant advocate's bill of costs was taxed on 23rd February 2006 at Kshs 234,792 and a certificate of costs was issued on 24th March 2006. The certificate had not been altered, varied or set aside. By a Notice of Motion dated 28th April 2006, the applicant sought judgment on the taxed amount under Section 51(2) of the Advocates Act, contending that since the retainer had not been disputed by the respondent, judgment should be entered as prayed. The court considered the application and counsel's submissions, found the application merited, and entered judgment for Kshs 234,792 with interest at 9% per annum from 28th April 2006 until payment in full. The applicant was also awarded costs of the Notice of Motion. Judgment was delivered by Mary Kasango, Judge, on 13th June 2006. The decision illustrates the summary procedure available to advocates under Section 51(2): a taxed bill evidenced by an unchallenged certificate of costs, with an undisputed retainer, converts directly into a judgment debt carrying interest. No authorities were cited and no preliminary objections were raised regarding the retainer.
Key legal issues
#01
Entitlement to judgment on a certificate of taxation under Section 51(2) Advocates Act
Holding
Application merited; judgment entered on the taxed amount with interest and costs.
Reasoning
The applicant's bill had been taxed on 23rd February 2006 at Kshs 234,792 and a certificate of costs issued on 24th March 2006. The certificate remained unaltered and the retainer undisputed, entitling the advocate to judgment as of right under Section 51(2).
p. 2
Legal principles established
#- Where a bill has been taxed and a certificate of costs issued and not altered, varied or set aside, and the retainer is not disputed, the advocate is entitled to judgment under Section 51(2) of the Advocates Act.
Court orders
#- 1.Judgment entered for the applicant for Kshs 234,792 with interest at 9% per annum from 28th April 2006 until payment in full
- 2.Applicant awarded costs of the Notice of Motion dated 28th April 2006
- Jurisdiction invoked
- Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "KAMUNYORI & COMPANY ADVOCATES v CANNON ASSURANCE K LIMITED", Case Analysis (2006). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.