[2025] KEHC 3785 (KLR)

[2025] KEHC 3785 (KLR)

The court found that the certificate of taxation issued on 19th August, 2024 for Kshs.128,443.00 had not been altered, varied, set aside, or disputed by the respondent. The respondent expressly conceded to the application except as to costs. In accordance with Section 51(2) of the Advocates Act, the court held that...

Source-derived case information.

Citation
[2025] KEHC 3785 (KLR)
Parties
Applicant: Sophie Chirchir t/a Cherono Chirchir & Company Advocates; Respondent: Africa Merchant Assurance Company Limited
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application E194 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed costs with interest; no order as to costs
Judges
DO Chepkwony
Legal Topics
Advocate Client Costs, Certificate of Taxation, Judgment on Taxed Costs
Source Language
en
Civil Procedure Advocate Client Costs Certificate of Taxation Judgment on Taxed Costs

Source-derived case record

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Parties

Sophie Chirchir t/a Cherono Chirchir & Company Advocates

Applicant

Africa Merchant Assurance Company Limited

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 the certificate of taxation.
  2. 2 Whether the respondent has objected to or disputed the certificate of taxation.
  3. 3 Whether costs should be awarded to the applicant.

Ratio Decidendi

The court found that the certificate of taxation issued on 19th August, 2024 for Kshs.128,443.00 had not been altered, varied, set aside, or disputed by the respondent. The respondent expressly conceded to the application except as to costs. In accordance with Section 51(2) of the Advocates Act, the court held that judgment should be entered for the applicant for the sum certified in the certificate of taxation, together with interest at 14% per annum from the date of the certificate until payment in full. The court exercised its discretion not to award costs of the application, given the respondent's concession. Accordingly, the application was allowed as prayed, save that there would be...

Court Disposition

application allowed; judgment entered for applicant for taxed costs with interest; no order as to costs

Orders

  • Judgment is entered for the applicant against the respondent for Kshs.128,443.00 together with interest at 14% per annum from 19th August, 2024 until payment in full.
  • There shall be no order as to costs.