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Annet Nyakuri t/a Annet Mumalasi & Co. Advocates v Kenya National Union of Teachers (KNUT) [2021] KEHC 4536 (KLR)

[2021] KEHC 4536 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4536
Citation
[2021] KEHC 4536 (KLR)
Decided
30 July 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for judgment to be entered in terms of the taxed costsCoramS N RIECHI
Holding

The application is merited. The court adopts the Certificate of taxation dated 21st January, 2021, enters judgment for the applicant in terms of the Certificate of Taxation, and directs that decree be drawn in terms of the taxed costs for execution in the usual manner of an order of the court.

Facts

The applicant sought to have the Certificate of Costs dated 21st January, 2021 adopted, judgment entered against the respondent in the sum of Kshs.403,981.70, and decree issued in terms of the taxed costs for execution purposes. The respondent did not file submissions.

Issues

  1. Whether the application is merited.
  2. Whether the Certificate of Costs remains final and the advocate has a right to recover the same from the client concerned.

Reasoning

The court follows the provisions of Section 51(2) of the Advocates Act, which allows for the court to make an order for judgment in terms of the taxed costs. The court finds that the client has not challenged the taxation and the application is merited.

Outcome

Judgment entered for the applicant in the sum of Kshs.403,981.70 and decree issued in terms of the taxed costs for execution.

Orders

  • Judgment entered for the applicant in the sum of Kshs.403,981.70.
  • Decree issued in terms of the taxed costs for execution.

Authorities cited

Cases cited (1)
  • Nyabena Alfed t/a Nyabena Nyakundi & Company Advocates v Tourism Promotion Limited t/a Serena hotel [2018] eKLR
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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