[2023] KEHC 27241 (KLR)
The court found that the applicant's bill of costs had been duly taxed and a certificate of costs issued. Although the application for entry of judgment was filed in a separate miscellaneous application rather than the original taxation file, the court held that this did not cause prejudice and ordered consolidation...
Source-derived case information.
- Citation
- [2023] KEHC 27241 (KLR)
- Parties
- Applicant: Ameli Inyangu & Partners Advocates; Respondent: Apokori Logistics Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 29 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment After Taxation of Costs
- Outcome
- judgment entered for applicant for taxed costs; interest awarded; each party to bear own costs
- Judges
- DKN Magare
- Legal Topics
- Taxation of Costs, Entry of Judgment, Certificate of Costs, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ameli Inyangu & Partners Advocates
Applicant
Apokori Logistics Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Entry of Judgment After Taxation of Costs
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment for taxed costs against the respondent.
- 2 Whether proper service of the certificate of costs was effected prior to the application for judgment.
- 3 Whether the application for entry of judgment was properly filed in a separate miscellaneous application.
Ratio Decidendi
The court found that the applicant's bill of costs had been duly taxed and a certificate of costs issued. Although the application for entry of judgment was filed in a separate miscellaneous application rather than the original taxation file, the court held that this did not cause prejudice and ordered consolidation of the files. The court determined that the respondent was properly served and that the applicant was entitled to judgment for the taxed amount. The court emphasized the importance of serving the certificate of costs before seeking entry of judgment, but found the application merited and justified in the circumstances. Judgment was entered for the applicant for the taxed sum,...
Court Disposition
judgment entered for applicant for taxed costs; interest awarded; each party to bear own costs
Orders
- The taxed costs of Kshs. 200,293.22 are due and payable by the respondent to the applicant.
- Judgment is entered for Kshs. 200,293.22 in favour of the applicant against the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
Ameli Inyangu & Partners Advocates v Apokori Logistics Limited (Miscellaneous Civil Application 29 of 2020) [2023] KEHC 27241 (KLR) (14 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27241 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Civil Application 29 of 2020
DKN Magare, J
December 14, 2023
Between
Ameli Inyangu & Partners Advocates
Applicant
and
Apokori Logistics Limited
Respondent
Ruling
1. The applicant filed a bill of costs dated 19. 1.2016. the same was taxed on 31. 8.2018 at Kshs. 200,283. 22 by the Deputy Registrar, Hon. D. Wasike. The applicant filed another Miscellaneous Application No. 29 of 2020 for entry of judgment. This is not of proper cause. The proper proceeding is to file the application in the same file that the bill was taxed in. However, there is no prejudice in dealing with it separately to avoid loss of paper trail, this Miscellaneous Application shall after this be consolidated with Misc. 17 of 2016.
2. I am satisfied that the court was properly served. The bill was taxed on 31. 8.2018. A Certificate of Costs was issued on 23. 11. 2018. The client is alleged to have been served on 1. 11. 2018. The Letter informs the client deals with a separate matter of a taxed Costs Kshs. 200,000/= and costs of – 16,075. This is not service of taxed costs. Costs were taxed at Kshs. 200,293. 22. This is the amount that was to be demanded and no other. Consequently, the court is unable to award costs before the entry of judgment. It is important that parties serve the Certificate of Costs before filing the application. The application for entry of Judgment is justified, and merited. I am inclined to allow the same.
Determination 3. The upshot of the foregoing I make the following orders:-a.The taxed costs duly taxed before advocates and client in Mombasa HCCC Misc. 17 of 2016, being for services rendered on 2256 of 2011 are due and payable by the Respondents/ Client.b.Consequently, I enter Judgment for Kshs. 200,293. 22 in favour of the Applicant against the Respondentsc.Interests at court rates be applied after 30 days from service of the decree herein.d.Each party to bear their own costs.
DELIVERED, DATED AND SIGNED AT MOMBASA ON THIS 14TH DAY OF DECEMBER, 2023. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of: -Ms Otuya for the ApplicantNo appearance for the RespondentCourt Assistant - Brian