[2015] KEHC 1360 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as there was a valid certificate of taxation dated 17th August 2015, and no reference or challenge had been filed against it. The application was unopposed, and there was no evidence of any dispute regarding the amount taxed....
Source-derived case information.
- Citation
- [2015] KEHC 1360 (KLR)
- Parties
- Applicant: Achola Jaoko & Company Advocates; Respondent: Africa Merchant Assurance Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 733 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for applicant on taxed costs
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Judgment on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Achola Jaoko & Company Advocates
Applicant
Africa Merchant Assurance Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for taxed costs as per the certificate of taxation.
- 2 Whether there is any opposition or reference challenging the taxation.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as there was a valid certificate of taxation dated 17th August 2015, and no reference or challenge had been filed against it. The application was unopposed, and there was no evidence of any dispute regarding the amount taxed. Accordingly, the court entered judgment for the applicant in the sum certified, with interest at court rates from the date of taxation until payment in full.
Court Disposition
judgment for applicant on taxed costs
Orders
- Judgment entered for the applicant/advocate in the sum of KES 67,144.52 as per the certificate of taxation dated 17th August 2015.
- Interest at court rates from the date of taxation until payment in full.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION NO. 733 OF 2014
ACHOLA JAOKO & COMPANY ADVOCATES………….........................APPLICANT
VERSUS
AFRICA MERCHANT ASSURANCE LIMITED ……….........................…RESPONDENT
RULING
By an application dated 19th August 2015 the applicant/advocate seeks judgment for his taxed costs as per the certificate of taxation dated 17th August 2015. The application is not opposed. There is no evidence of reference challenging the said taxation.
In the premise, I hereby enter judgment for the applicant/advocate in the sum of kshs 67 144. 52 as prayed and as per the certificate of taxation dated 17th August 2015 with interest at court rates from date of taxation until payment in full. Decree to issue.
I make no orders as to costs of the application.
Orders accordingly.
R.E. ABURILI
JUDGE
28/10/2015