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RAGOT & COMPANY ADVOCATES v WEST KENYA WHOLESALERS LTD [2006] KEHC 2734 (KLR)

[2006] KEHC 2734 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2734
Citation
[2006] KEHC 2734 (KLR)
Decided
24 January 2006
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCosts AssessmentPostureApplicant seeks judgment for costs assessed by consentCoramM. Warsame
Holding

The Court finds the respondent in default and enters judgment for the applicant for KSh.2,500,000/= plus costs.

Facts

The applicant, Ragot & Company Advocates, sought judgment for costs assessed at KSh.2,500,000/= on 21.05.2003. The respondent, West Kenya Wholesalers Ltd., disputed the amount but not the retainer.

Issues

  1. Whether the Court can enter judgment based on a certificate of taxation without filing a separate suit
  2. Whether the respondent's dispute over the amount affects the finality of the certificate

Reasoning

The Court held that the certificate of taxation is final as to the amount and since there is no dispute of the retainer, the Court can enter judgment for the applicant.

Outcome

Judgment for the applicant for KSh.2,500,000/= plus costs

Authorities cited

Legislation (1)
  • Advocates Act Cap 16
Cases cited (1)
  • Oruko and Associates VS. Brollo Kenya Ltd. HCCC No. 1465/02 Nyamu J
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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