[2023] KEELC 17057 (KLR)
The court found that the applicant's fees had been duly taxed and a certificate of costs issued. The respondent was properly served with the application but did not oppose it. There was no evidence that the certificate of costs had been reviewed or varied. Section 51(2) of the Advocates Act mandates the court to...
Source-derived case information.
- Citation
- [2023] KEELC 17057 (KLR)
- Parties
- Applicant: Anyumba & Associates Advocates; Respondent: Olwal Gabriel Otieno
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E008 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Certificate of Costs
- Outcome
- application allowed; judgment entered for applicant in terms of certificate of costs
- Judges
- E Asati
- Legal Topics
- Advocate Remuneration, Taxation of Costs, Certificate of Costs, Entry of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anyumba & Associates Advocates
Applicant
Olwal Gabriel Otieno
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Certificate of Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the applicant in terms of the certificate of costs.
- 2 Whether the respondent was properly served and failed to oppose the application.
- 3 Whether the certificate of costs is final and conclusive in the absence of review or variation.
Ratio Decidendi
The court found that the applicant's fees had been duly taxed and a certificate of costs issued. The respondent was properly served with the application but did not oppose it. There was no evidence that the certificate of costs had been reviewed or varied. Section 51(2) of the Advocates Act mandates the court to enter judgment for the sum certified to be due where the certificate of costs is unchallenged. Accordingly, the court allowed the application and entered judgment in favour of the applicant for the amount specified in the certificate of costs, together with costs of the application.
Court Disposition
application allowed; judgment entered for applicant in terms of certificate of costs
Orders
- Judgment is entered in favour of the applicant for Kshs 275,029.70 as per the certificate of costs dated 28th September 2022.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
17 paragraphs
Anyumba & Associates Advocates v Otieno (Environment and Land Miscellaneous Application E008 of 2022) [2023] KEELC 17057 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEELC 17057 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisumu
Environment and Land Miscellaneous Application E008 of 2022
E Asati, J
April 27, 2023
Between
Anyumba & Associates Advocates
Applicant
and
Olwal Gabriel Otieno
Respondent
Ruling
1. This ruling is in respect of the Notice of Motion application dated 26th October 2020 which seeks for orders that judgement be entered in terms of the certificate of costs and that decree be drawn in favour of the Advocate/applicant. It also seeks for an order that costs of the application be provided for. The grounds of the application are that the applicant represented the Respondent in Kisumu ELC Appeal No. 23 of 2018 and the Respondent has not paid the fees for the same. The application is supported by the averments in the Supporting Affidavit sworn on 26/10/2020 by George O. Anyumba Advocate. The application was unopposed. Affidavit of Service on record sworn by George Anyumba Advocate on 12th July 2022 shows that the Respondent was served with the application on 24th February 2022.
2. Section 51(2) of the Advocates Act empowers the court to make an order that judgement be entered for the sum certified to be due with costs. I have read and considered the application. I have also read the court record generally. The applicant’s fees was taxed at Kenya shillings two hundred and seventy-five thousand zero two nine and seventy cents only (Kshs 275, 029. 70) and a certificate of taxation dated 28th September 2022 issued. I have read the ruling dated 28th September 2022 by the Deputy Registrar on the taxation. There being no opposition to the application, the Certificate of Costs having not been reviewed or varied, I find that the application is merited. I allow the application and hereby enter judgement in favour of the applicant on the basis of the certificate of costs dated 28th September 2022 for Kshs.275,029. 70. Costs of the application are awarded to the applicant.Orders accordingly.
RULING, DATED AND SIGNED AT KISUMU, READ VIRTUALLY THIS 27TH DAY OF APRIL 2023 THROUGH MICROSOFT TEAMS ONLINE APPLICATION.E. ASATIJUDGE.In the presence of:Maureen: Court Assistant.Parties Absent