[2024] KEHC 7623 (KLR)

[2024] KEHC 7623 (KLR)

The court found that the parties had entered into a consent dated 2nd April 2024, which resolved the outstanding issues regarding the certificate of taxation issued on 19th January 2023. There being no opposition, the court adopted the consent as an order, marked the certificate of taxation as settled, and closed...

Source-derived case information.

Citation
[2024] KEHC 7623 (KLR)
Parties
Plaintiff: Bruce Odeny & Co Advocates; Defendant: William Roman Mc Tough
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Case E106 of 2022
Procedural Posture
Miscellaneous Application / Ruling
Outcome
The consent dated 2nd April 2024 is adopted as an order of the court; the certificate of taxation is marked as settled; the file is closed.
Judges
MS Shariff
Legal Topics
Taxation of Costs, Settlement of Costs, Adoption of Consent
Source Language
en
Civil Procedure Taxation of Costs Settlement of Costs Adoption of Consent

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bruce Odeny & Co Advocates

Plaintiff

William Roman Mc Tough

Defendant

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the consent dated 2nd April 2024 should be adopted as an order of the court.
  2. 2 Whether the certificate of taxation issued on 19th January 2023 has been settled.

Ratio Decidendi

The court found that the parties had entered into a consent dated 2nd April 2024, which resolved the outstanding issues regarding the certificate of taxation issued on 19th January 2023. There being no opposition, the court adopted the consent as an order, marked the certificate of taxation as settled, and closed the file. The court's decision was based on the principle that parties are bound by their consent and that the court may adopt such consent as its order, thereby bringing the matter to a close.

Court Disposition

The consent dated 2nd April 2024 is adopted as an order of the court; the certificate of taxation is marked as settled; the file is closed.

Orders

  • The consent of parties dated 2nd April 2024 is adopted as an order of the court.
  • The applicant's certificate of taxation issued on 19th January 2023 is marked as settled.