[2025] KEHC 3816 (KLR)

[2025] KEHC 3816 (KLR)

The court found that the applicant was entitled to judgment for the sum certified in the certificate of taxation, as the respondent had not challenged, set aside, or varied the certificate. The respondent conceded to the application, save for the issue of costs. The court therefore entered judgment for the applicant...

Source-derived case information.

Citation
[2025] KEHC 3816 (KLR)
Parties
Applicant: Sophie Chirchir t/a Cherono Chirchir & Co Advocates; Respondent: Africa Merchant Assurance Co Ltd
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application E196 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
Outcome
application allowed in part
Judges
DO Chepkwony
Legal Topics
Taxation of Costs, Certificate of Taxation, Entry of Judgment, Interest on Costs
Source Language
en
Civil Procedure Taxation of Costs Certificate of Taxation Entry of Judgment Interest on Costs

Source-derived case record

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Parties

Sophie Chirchir t/a Cherono Chirchir & Co Advocates

Applicant

Africa Merchant Assurance Co Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered for the applicant based on an undisputed certificate of taxation.
  2. 2 Whether the applicant is entitled to interest on the taxed amount from the date of the certificate.
  3. 3 Whether costs of the application should be awarded.

Ratio Decidendi

The court found that the applicant was entitled to judgment for the sum certified in the certificate of taxation, as the respondent had not challenged, set aside, or varied the certificate. The respondent conceded to the application, save for the issue of costs. The court therefore entered judgment for the applicant for Kshs. 118,535.00 with interest at 14% per annum from 19th August, 2024 until payment in full. However, given the respondent's concession and lack of opposition, the court declined to award costs of the application.

Court Disposition

application allowed in part

Orders

  • Judgment entered for the applicant against the respondent for Kshs. 118,535.00 with interest at 14% per annum from 19th August, 2024 until payment in full.
  • No order as to costs.