Lumumba Mumma & Kaluma Advocates v Asha Amadahan & another [2017] KEHC 2415 (KLR)

Facts

The applicant, Lumumba Mumma & Kaluma Advocates, sought judgment for the sum taxed and certified by the taxing officer on July 9, 2013, and the certified costs with interest. The 1st respondent, Asha Amadahan, opposed the motion, arguing that the motion was incompetent and that the retainer fee had not been factored into the taxed bill of costs.

Issues

1. Whether a party can file an application for entry of judgment in the same file where costs have been taxed.
2. Whether the retainer fee paid by the respondent should be factored into the taxed bill of costs.

Reasoning

The court finds that the motion is properly before the court and that the retainer fee should not be factored into the taxed bill of costs as it was not brought up before the taxing officer.

Outcome

Judgment entered for the sum taxed and certified by the taxing officer, with interest, and costs awarded to the applicant.