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 Maina & Maina Advocates v Benedict Kabugi Ndungu [2020] eKLR case summary, highlighting the key legal findings and implications for future cases in Kenya.

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. 36 of 2019
- Court: High Court of Kenya at Nairobi
- Date Delivered: 30th September 2020
- Category of Law: Civil
- Judge(s): P. Nyamweya
- Country: Kenya

2. Questions Presented:
The central legal issue in this case is whether judgment should be entered against the Respondent for the taxed costs owed to the Applicant, following the issuance of a Certificate of Taxation that has not been set aside or altered.

3. Facts of the Case:
The Applicant, Maina & Maina Advocates, is a firm of advocates that represented the Respondent, Benedict Kabugi Ndungu, in a previous legal matter (JR Miscellaneous Application No. 204 of 2019). The Applicant filed a Bill of Costs on 17th October 2019, which was taxed on 4th December 2019, resulting in a total of Kshs 373,610. Despite the issuance of a Certificate of Taxation confirming this amount, the Respondent failed to settle the taxed sum or respond to the application.

4. Procedural History:
The Applicant filed a Notice of Motion on 5th May 2020, seeking a judgment against the Respondent for the taxed costs. The application was supported by an affidavit from Gideon Mutai, an Advocate with the Applicant. The Respondent did not file any opposition or response to the application, despite being duly served. The Applicant later submitted their arguments on 18th June 2020, relying on relevant legal provisions and case law.

5. Analysis:
- Rules: The court considered Section 51(2) of the Advocates Act, which allows for judgment to be entered based on a Certificate of Costs unless it is set aside or altered. Additionally, Rule 7 of the Advocates Remuneration Order, 2009, stipulates that interest on the taxed costs accrues at 14% per annum from the date of taxation.
- Case Law: The court referenced several cases, including KTK Advocates v. Baringo County Government [2017] eKLR and Lubulellah & Associates v. N.K. Brothers Ltd (2014) eKLR, which support the principle that a Certificate of Costs is final unless challenged. The case of Ahmednasir Abdikadir & Company Advocates v. National Bank of Kenya Limited (2007) eKLR was also cited to reinforce this position.
- Application: The court reasoned that since the Respondent did not dispute the Certificate of Taxation or raise any issues regarding retainer, the Applicant was entitled to judgment. The finality of the taxed costs was confirmed, and the court ruled in favor of the Applicant.

6. Conclusion:
The court granted the Applicant's motion, entering judgment for Kshs 373,610 plus interest at 14% per annum from the date of taxation until payment in full. The court also awarded the Applicant costs of Kshs 10,000 for the motion. This ruling underscores the enforceability of Certificates of Taxation in civil matters.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was straightforward and the Respondent did not present any opposition.

8. Summary:
The High Court of Kenya ruled in favor of Maina & Maina Advocates, awarding them Kshs 373,610 in taxed costs against Benedict Kabugi Ndungu, along with interest and costs for the application. The decision highlights the importance of adhering to the provisions of the Advocates Act and the finality of taxed costs in legal proceedings. This case serves as a precedent for the enforcement of advocate-client costs when properly taxed and certified.

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