Maina & Maina Advocates v Benedict Kabugi Ndungu [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamweya
Judgment Date
September 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Maina & Maina Advocates v Benedict Kabugi Ndungu [2020] eKLR, highlighting key legal principles and implications from the judgment. Ideal for legal professionals and students.

Case Brief: Maina & Maina Advocates v Benedict Kabugi Ndungu [2020] eKLR

1. Case Information:
- Name of the Case: Maina & Maina Advocates v. Benedict Kabugi Ndungu
- Case Number: Judicial Review Application No. 37 of 2019
- Court: High Court of Kenya
- Date Delivered: 30th September 2020
- Category of Law: Civil
- Judge(s): P. Nyamweya
- Country: Kenya

2. Questions Presented:
The central legal issue presented before the court was whether judgment should be entered against the Respondent for the taxed advocate/client costs due to the Applicant, given that the Respondent had not disputed the taxation or the retainer.

3. Facts of the Case:
The Applicant, a firm of Advocates, filed a Notice of Motion on 5th May 2020 seeking judgment against the Respondent, Benedict Kabugi Ndungu, for Kshs 195,398, which represented advocate/client costs that had been taxed on 4th December 2019. The costs were incurred for services rendered to the Respondent in a previous judicial review application. The Applicant asserted that the Respondent had neglected to pay the taxed amount and sought interest at a rate of 14% per annum from 25th November 2019 until full payment. The Respondent did not file any response or opposition to the application despite being served with the notice.

4. Procedural History:
The Applicant initiated the proceedings by filing a Bill of Costs on 17th October 2019, which was subsequently taxed. Following the issuance of a certificate of taxation on 4th December 2019, the Applicant sought enforcement of the taxed costs through the Notice of Motion. The court considered the application in light of the failure of the Respondent to respond or dispute the taxation or the retainer.

5. Analysis:
- Rules: The court referenced Section 51(2) of the Advocates Act, which allows for judgment to be entered on a taxed costs certificate unless it is set aside or altered. The court also considered Rule 7 of the Advocates Remuneration Order, which stipulates the accrual of interest on the taxed costs.
- Case Law: The court cited several relevant cases, including *KTK Advocates vs. Baringo County Government* [2017] eKLR, *Makumi, Mwangi Wangondu & Company Advocates vs. Invesco Assurance Company Limited* (2018) eKLR, and *Winfred Nyakundi Konosi t/a Konosi & Co. Advocates v. John Lokorio* [2015] eKLR. These cases established the principle that a court may enter judgment based on a certificate of costs unless there is a valid dispute regarding the retainer or the taxation.
- Application: The court found that the Respondent had not presented any evidence of a dispute regarding the taxed costs or the retainer. Given the finality of the certificate of taxation, the court ruled that the Applicant was entitled to judgment for the amount specified.

6. Conclusion:
The High Court ruled in favor of the Applicant, entering judgment against the Respondent for Kshs 195,398 with interest at 14% per annum from the date of taxation. The court also awarded costs of Kshs 10,000 for the Notice of Motion. This decision underscored the enforceability of taxed costs in the absence of a dispute.

7. Dissent:
There was no dissenting opinion noted in this ruling, as the Respondent did not contest the application.

8. Summary:
The High Court of Kenya granted the Applicant's motion for judgment against the Respondent for the taxed costs of Kshs 195,398, along with interest. This case highlights the importance of responding to legal claims and the finality of taxed costs in civil proceedings, reinforcing the principle that a court may enforce such costs in the absence of a dispute.

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