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Mwangi Gitau and Company Advocates v Esther Wambui Njoroge [2018] KEHC 784 (KLR)

[2018] KEHC 784 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
784
Citation
[2018] KEHC 784 (KLR)
Decided
20 December 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplicant seeks judgment in favor of KShs.362,052 for taxed costsCoramC. W. GITHUA
Holding

The court finds the applicant's Notice of Motion merited and enters judgment in favor of the applicant for KShs.363,052 in the sum of taxed costs certified in the certificate of taxation dated 10th October 2016, with interest and costs of the application awarded.

Facts

The applicant, Mwangi Gitau & Company Advocates, seeks judgment against the respondent, Esther Wambui Njoroge, for KShs.362,052 in an advocate/client bill of costs dated 9th March 2016, with costs and interest.

Issues

  1. Whether the court has jurisdiction to enter judgment as prayed under Section 51 (2) of the Advocates Act
  2. Whether the certificate of taxation dated 10th October 2016 is incompetent and final on the costs due to the applicant
  3. Whether the applicant's retainer by the respondent is disputed

Reasoning

The court finds the respondent's retainer not disputed and the certificate of taxation final and competent.

Outcome

Judgment in favor of the applicant for KShs.363,052 in the sum of taxed costs certified in the certificate of taxation dated 10th October 2016, with interest and costs of the application awarded.

Orders

  • Judgment entered in favor of the applicant for KShs.363,052 in the sum of taxed costs certified in the certificate of taxation dated 10th October 2016
  • Award of costs of the application

Remedies

  • Judgment for KShs.363,052 in the sum of taxed costs certified in the certificate of taxation dated 10th October 2016
  • Award of costs of the application

Authorities cited

Legislation (2)
  • Advocates Act
  • Civil Procedure Rules
Cases cited (2)
  • Ochieng Onyango Kibet & Ohaga Advocates V Adopt A Light K Limited
  • Lubulellah & Associates Advocates V NK Brothers Limited
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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