[2023] KEHC 24021 (KLR)
The court found that the certificate of taxation dated 5th April 2023 had not been set aside or challenged by the respondent, nor was there any evidence of a dispute as to the retainer between the applicant and the respondent. In accordance with Section 51(2) of the Advocates Act, the court held that judgment should...
Source-derived case information.
- Citation
- [2023] KEHC 24021 (KLR)
- Parties
- Applicant: Andrew B. Kahakula t/a J.S Khakula & Company Advocates; Respondent: Trident Insurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E018 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment in Terms of Taxed Costs
- Outcome
- judgment for applicant in terms of certificate of taxation; interest awarded; each party to bear own costs
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Judgment on Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew B. Kahakula t/a J.S Khakula & Company Advocates
Applicant
Trident Insurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment in Terms of Taxed Costs
Legal Issues
- 1 Whether judgment should be entered in terms of the certificate of taxation for costs.
- 2 Whether interest is payable on the taxed costs from the date of taxation.
- 3 Whether there is any dispute as to retainer or challenge to the certificate of taxation.
Ratio Decidendi
The court found that the certificate of taxation dated 5th April 2023 had not been set aside or challenged by the respondent, nor was there any evidence of a dispute as to the retainer between the applicant and the respondent. In accordance with Section 51(2) of the Advocates Act, the court held that judgment should be entered in terms of the certificate of taxation. The court further ordered that interest at 9% per annum be paid on the taxed costs from the date of taxation (28th March 2023) until payment in full. The court declined to award costs of the application to either party, holding that litigation on costs must come to an end.
Court Disposition
judgment for applicant in terms of certificate of taxation; interest awarded; each party to bear own costs
Orders
- Judgment entered for the applicant in the sum of Kshs.225,273 as per the certificate of taxation dated 5th April 2023.
- Interest at 9% per annum on the judgment sum from 28th March 2023 until payment in full.
Full Case Text
Judgment text and source record
23 paragraphs
Andrew B. Kahakula t/a J.S Khakula & Company Advocates v Trident Insurance Co. Ltd (Miscellaneous Civil Application E018 of 2023) [2023] KEHC 24021 (KLR) (25 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24021 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E018 of 2023
RE Aburili, J
October 25, 2023
Between
Andrew B. Kahakula t/a J.S Khakula & Company Advocates
Applicant
and
Trident Insurance Co. Ltd
Respondent
Ruling
1. The application dated 9th June 2023 seeks for Judgment to be entered in terms of the taxed costs of Kshs.225,273 and interest at 9% p.a from 28th March 2023 on the judgment sum. The applicant also seeks for costs of the application.
2. Despite service of the application upon the Respondent, there is no response filed. There is a certificate of taxation of costs dated 5th April 2023 which has not been challenged by way of a reference and neither is there evidence of a dispute over a retainer of the applicant advocate by the Client/Respondent.
3. In the premises, as the certificate of costs has not been set aside, I enter Judgment for the applicant in the sum of Kshs.225,273 in terms of the certificate of taxation dated 5th April 2023 together with interest of 9% p.a until payment in full from the date of Taxation on 28th March 2023.
4. Decree to issue forthwith.
5. Each party to bear their own costs of the application as the court must bring to an end litigation on costs.
6. Mention before the Deputy Registrar on 27th November 2023 to confirm settlement.
7. Decree to be served upon the Respondent before any action.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF OCTOBER, 2023R.E. ABURILIJUDGE