Nyongesa t/a Nyongesa & Co Advocates v Moorgate Investment Limited (Miscellaneous Application E002 of 2023) [2024] KEELC 4005 (KLR) (25 April 2024) (Ruling)

Facts

The applicant acted as advocate for the respondent in a previous case, but was later removed and instructed another advocate. The applicant filed a bill of costs, which was taxed at Kshs. 970.173.90. The respondent disputes the client-advocate relationship and the service of the bill.

Issues

1. Whether the applicant's application to adopt the Certificate of costs as judgment and decree should be allowed
2. Whether the respondent's application to stay the adoption and cross-examine the applicant should be granted

Reasoning

The court ruled that once the taxing master taxed the costs and issued a Certificate of costs, no further action was required from the court, and the applicant is not required to file suit for the recovery of costs.

Outcome

The application to adopt the Certificate of costs as judgment and decree is allowed.