[2024] KEELC 5596 (KLR)
The court found that the applicant's advocate-client bill of costs had been taxed and allowed, and a certificate of costs was issued. The respondent was duly served with the application to convert the certificate into a decree and judgment but did not respond or challenge the certificate. There was no evidence that...
Source-derived case information.
- Citation
- [2024] KEELC 5596 (KLR)
- Parties
- Applicant: Bruce Odeny and Company Advocates; Respondent: Elijah Owiti Odera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E010 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Convert Certificate of Taxation Into Decree and Judgment
- Outcome
- Application allowed. Certificate of taxation converted into decree and judgment with interest from date of taxation until payment in full. No order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Taxation of Costs, Conversion of Certificate to Decree, Advocate Client Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bruce Odeny and Company Advocates
Applicant
Elijah Owiti Odera
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Convert Certificate of Taxation Into Decree and Judgment
Legal Issues
- 1 Whether the certificate of taxation issued on 30th April 2024 should be converted into a decree and judgment with interest from the date of taxation until payment in full.
- 2 Whether the respondent was duly served and given an opportunity to respond to the application.
Ratio Decidendi
The court found that the applicant's advocate-client bill of costs had been taxed and allowed, and a certificate of costs was issued. The respondent was duly served with the application to convert the certificate into a decree and judgment but did not respond or challenge the certificate. There was no evidence that the certificate of costs had been set aside or altered. Applying the principle that an unchallenged certificate of taxation is final as to the amount, the court held that the applicant was entitled to have the certificate converted into a decree and judgment with interest from the date of taxation until payment in full. The application was therefore allowed as prayed, with no...
Court Disposition
Application allowed. Certificate of taxation converted into decree and judgment with interest from date of taxation until payment in full. No order as to costs.
Orders
- The certificate of taxation issued on 30th April 2024 is converted into a decree and judgment together with interest from the date of taxation at court rates until payment in full.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Bruce Odeny and Company Advocates v Odera (Miscellaneous Application E010 of 2022) [2024] KEELC 5596 (KLR) (24 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5596 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Miscellaneous Application E010 of 2022
GMA Ongondo, J
July 24, 2024
Between
Bruce Odeny and Company Advocates
Applicant
and
Elijah Owiti Odera
Respondent
Ruling
1. By a Notice of Motion application dated 7th May 2024, the applicant is seeking the following orders;a.This Honourable Court be pleased to convert the certificate of taxation issued on the 30th April, 2024 into a decree and judgment together with interests from the date of taxation at courts rates until payment in full.b.The costs of this application be provided for.
2. The foundation of the application is the supporting affidavit of seven paragraphs sworn on even date by Agnes Akinyi an advocate of the High Court of Kenya practicing in the firm of the applicant. Also, the same is based on the grounds infra;a)The applicant files its advocate-client bill of costs dated 20th July 2022 for taxation and determination of its fees.b)The bill was taxed by the taxing master of this court on the 22nd January 2024 and allowed in the sum of Kshs. 150,000/-c)A certificate of costs was issued to that effect on the 30th April 2024. d)The certificate of costs has not been challenged or set aside.
3. Ms. Omondi instructed by Mr. Odeny learned counsel for the applicant referred to the affidavit of service sworn on 15th May 2024 to the effect that the respondent was duly served with the application. So, she implored the court to grant the orders sought in the application.
4. Clearly, the application was duly served on the respondent who opted not to respond to the same; see also Ogada v Mollin (2009) KLR 620.
5. Thus, the application is merited and the same is hereby allowed in terms of prayer No. 1 as stated in paragraph 1 (a) hereinabove with no orders as to costs.Orders accordingly.
DATED AND DELIVERED AT HOMA BAY THIS 24THDAY OF JULY 2024. G. M. A ONG’ONDOJUDGEPresent;1. Ms Omondi learned counsel for the applicant2. Mr T. Luanga court assistant