MUTHOGA, GATURU & CO. ADVOCATES v JOSEPH WARURI GITHUKU [2007] KEHC 2637 (KLR)
- Court
- High Court of Kenya
- Case number
- 2637
- Citation
- [2007] KEHC 2637 (KLR)
- Decided
- 20 July 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureAppeal from a previous ruling on costsCoramMARY KASANGO
Holding
The application is not res judicata and judgment is entered for the Applicant for the taxed costs.
Facts
Two applications were filed in different files under Section 51(2) of the Advocates Act seeking judgment for taxed costs. The Respondent argued that the application was incompetent and res judicata due to previous proceedings.
Issues
- Whether the application is res judicata
- Whether the application is competent under Section 51(2) of the Advocates Act
Reasoning
The court found that the Deputy Registrar had no power to entertain the application and that Section 51(2) of the Advocates Act applies once the costs are subjected to taxation.
Outcome
Judgment entered for the Applicant for the taxed costs
Orders
- Kshs.96,452/= with interest at court rate with effect from 24th December 2002 until payment in full
- Kshs. 141,137.26 plus interest at court rate with effect from 30th January 2007 until payment in full
Remedies
- Costs of the Notice of Motion
Authorities cited
Legislation (2)
- Section 51(2) of the Advocates Act
- Section 48 and 49 of the Advocates Act
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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