[2025] KEHC 1253 (KLR)
The court found that the applicant had obtained a certificate of taxed costs which remained unsettled by the respondent. The respondent was duly served with the application and hearing notice but failed to respond or attend the hearing. In the absence of any opposition, and in accordance with Section 51(2) of the...
Source-derived case information.
- Citation
- [2025] KEHC 1253 (KLR)
- Parties
- Applicant: Andrew B. Khakula t/a J.S Khakula & Co. Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E008 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed as prayed
- Judges
- DO Chepkwony
- Legal Topics
- Taxation of Costs, Entry of Judgment, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew B. Khakula t/a J.S Khakula & Co. Advocates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant in the taxed sum against the respondent.
- 2 Whether the applicant is entitled to interest at 14% per annum from 17th July, 2024, on the judgment sum.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the applicant had obtained a certificate of taxed costs which remained unsettled by the respondent. The respondent was duly served with the application and hearing notice but failed to respond or attend the hearing. In the absence of any opposition, and in accordance with Section 51(2) of the Advocates Act and the Advocates (Remuneration) Order, the applicant was entitled to judgment for the taxed sum. The court further held that interest at 14% per annum from the date of the certificate of costs was justified, and that the costs of the application should be borne by the respondent. The application was therefore allowed as prayed.
Court Disposition
application allowed as prayed
Orders
- Judgment is entered in favour of the applicant for the taxed sum of Kshs. 93,800.00 against the respondent.
- The applicant is awarded interest at 14% per annum from 17th July, 2024, on the judgment sum until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
Andrew B. Khakula t/a J.S Khakula & Co. Advocates v Trident Insurance Company Limited (Miscellaneous Civil Application E008 of 2023) [2025] KEHC 1253 (KLR) (14 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1253 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Application E008 of 2023
DO Chepkwony, J
February 14, 2025
Between
Andrew B. Khakula t/a J.S Khakula & Co. Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. For determination before this court is the Applicant’s Notice of Motion Application dated 29th October, 2024, seeking for:a.Judgment in the taxed sum of Kshs. 93,800. 00/= be entered against the Respondent.b.The Applicant be awarded interest of 14% per annum from 17th July, 2024, on the judgment sum.c.Costs of this application be provided for.
2. The application is based on the grounds set out on its face and Supporting Affidavit of Dr. Andrew B. Khakula sworn on even date. The gist of the application is that the Respondent has not settled the fixed costs vide a ruling delivered on 17th July, 2024, and a certificate of the same issued.
3. The court directed the application to be served upon the Respondent for a response to be filed and fixed the same for interparte hearing on 31st January, 2025.
4. When the application came up for interpartes hearing on 31st January, 2025, neither the Respondent nor its counsel were in attendance. There was also no representation to explain their absence. This was despite the application and hearing notice having been served upon the Legal Officer for the Respondent on 9th December, 2024, as evidenced by the Affidavit of Service sworn on 10th December, 2024, by Godfrey Paul Okutoyi, a licensed process server.
5. In view of this, the Notice of Motion Application dated 29th October, 2024, is unchallenged/unopposed. Therefore, the said Notice of Motion dated 29th October, 2024, is allowed in the following terms:-a.That Judgment in the taxed sum of Kshs. 93,800. 00/= be entered against the Respondent.b.That the Applicant be awarded interest of 14% per annum from 17th July, 2024, on the judgment sum.c.That the costs of the application to be borne by the Applicant.It is so ordered.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF FEBRUARY, 2025. (UPLOADED VIA ELECTRONIC MAIL)D. O. CHEPKWONYJUDGE