[2015] KEHC 1326 (KLR)

[2015] KEHC 1326 (KLR)

The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of taxation because the application was unopposed and there was no reference or challenge filed against the certificate. The absence of any dispute regarding retainer or the amount taxed meant that the certificate...

Source-derived case information.

Citation
[2015] KEHC 1326 (KLR)
Parties
Applicant: Achola Jaoko & Company Advocates; Respondent: Africa Merchant Assurance Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 732 of 2014
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Outcome
judgment for applicant/advocate as against respondent/client for taxed costs with interest at court rates from date of taxation until payment in full; no order as to costs of this application
Judges
RE Aburili
Legal Topics
Taxation of Costs, Certificate of Taxation, Judgment on Costs
Source Language
en
Civil Procedure Taxation of Costs Certificate of Taxation Judgment on Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Achola Jaoko & Company Advocates

Applicant

Africa Merchant Assurance Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for taxed costs as per the certificate of taxation.
  2. 2 Whether there is any opposition or challenge to the certificate of taxation.

Ratio Decidendi

The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of taxation because the application was unopposed and there was no reference or challenge filed against the certificate. The absence of any dispute regarding retainer or the amount taxed meant that the certificate was final and enforceable. Accordingly, judgment was entered for the applicant for the amount certified, together with interest at court rates from the date of taxation until payment in full.

Court Disposition

judgment for applicant/advocate as against respondent/client for taxed costs with interest at court rates from date of taxation until payment in full; no order as to costs of this application

Orders

  • Judgment is entered for the applicant/advocate against the respondent/client for Kshs 56,463 as per the certificate of taxation dated 17th August 2015.
  • Interest at court rates from the date of taxation until payment in full is awarded.