[2021] KEHC 37 (KLR)
The court found that the plaintiff was entitled to final judgment for the taxed costs as the certificates of taxation were not challenged by the defendant. Since the application was unopposed and the certificates were valid, judgment was entered for the sums claimed. Interest on the initial sum of Kshs....
Source-derived case information.
- Citation
- [2021] KEHC 37 (KLR)
- Parties
- Plaintiff: Daniel Karuru Mwaura t/a Karuru Mwaura & Company Advocates; Defendant: County Government of Kiambu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 15 of 2018
- Procedural Posture
- Civil Case / Ruling on Notice of Motion for Final Judgment and Interest on Taxed Costs
- Outcome
- Application allowed; final judgment entered for the plaintiff for the taxed costs with interest; defendant to bear costs.
- Judges
- DAS Majanja
- Legal Topics
- Advocate Remuneration, Taxation of Costs, Interest on Judgment Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Karuru Mwaura t/a Karuru Mwaura & Company Advocates
Plaintiff
County Government of Kiambu
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion for Final Judgment and Interest on Taxed Costs
Legal Issues
- 1 Whether the plaintiff is entitled to final judgment for the taxed costs as claimed.
- 2 Whether interest should be awarded on the taxed costs, and from what date.
Ratio Decidendi
The court found that the plaintiff was entitled to final judgment for the taxed costs as the certificates of taxation were not challenged by the defendant. Since the application was unopposed and the certificates were valid, judgment was entered for the sums claimed. Interest on the initial sum of Kshs. 28,913,932.40 was awarded at 14% per annum from 14th July 2020, the date of the partial consent judgment. For the subsequently taxed costs of Kshs. 10,932,417.00, interest was awarded at 14% per annum from the date of the application, 20th April 2021, as the specific dates of taxation were not itemised. The defendant was also ordered to bear the costs of the application and the suit.
Court Disposition
Application allowed; final judgment entered for the plaintiff for the taxed costs with interest; defendant to bear costs.
Orders
- Judgment entered for the plaintiff against the defendant for Kshs. 28,913,932.40 with interest at 14% per annum from 14th July 2020 until payment in full.
- Judgment entered for the plaintiff against the defendant for Kshs. 10,932,417.00 with interest at 14% per annum from 20th April 2021 until payment in full.
Full Case Text
Judgment text and source record
19 paragraphs
Daniel Karuru Mwaura t/a Karuru Mwaura & Company Advocates v County Government of Kiambu (Civil Case 15 of 2018) [2021] KEHC 37 (KLR) (Commercial and Tax) (21 September 2021) (Ruling)
Neutral citation number: [2021] KEHC 37 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
September 21, 2021
DAS Majanja, J
Civil Case No. 15 of 2018
Between
Daniel Karuru Mwaura t/a Karuru Mwaura & Company Advocates
Plaintiff
and
County Government of Kiambu
Defendant
Ruling
1. The application before the court is the Notice of Motion dated 20th April 2021 is made under section 51 of the Advocates Act (Chapter 16 of the Laws of Kenya) seeking the following orders:(1)THAT judgment be entered for the Plaintiff against the Defendant for Kshs. 10,932,417 being taxed costs after the partial judgment was entered on 14th July 2020. (2)THAT the amount of Kshs. 3,061,076. 80 be awarded interest on the costs taxed after judgment.(3)THAT final judgment be entered for the Plaintiff in the following terms:(a)Kshs. 28,913,932. 40 together with interest thereon at 14% per annum from 14/7/2020 or 3,035,968. 10 to make Kshs. 31,949,950. 00. (b)Kshs. 13,993,494. 00 being taxed costs after 14/7/2020 together with interest at 14% per annum when the bills were filed.(4)THAT interest on Kshs. 42,907,476. 00 from the date of filing this application till payment in full.
2. The application is supported by the affidavit of Daniel Karuru Mwaura, the Plaintiff, sworn on 20th April 2021. Although served, the application is not opposed by the Respondent.
3. According to the deposition in support of the application, on 14th July 2020, the court entered a partial consent judgment for Kshs. 28,913,382. 40 with interest thereon at 14% annum from that date until payment in full in relation to 14 out of 23 bill presented for taxation. Thereafter the pending 9 bills have now been taxed for a total of Kshs. 10,932,417. 00. What the Plaintiff now seeks if a final judgment. The sum is set out in the various certificates which were issued on diverse dated which are not itemised in the application. I shall therefore award interest at 14% per annum from the date of the application, that is, 20th April 2021.
4. I therefore allow the application dated 20th April 2020 on the following terms and order that a final decree shall issue as follows:a.That judgment be and is hereby entered for the Plaintiff against the Defendant as follows:i.Kshs. 28,913,932. 40 with interest thereon at14% p a from 14th July 2020 until payment in full.ii.Kshs. 10,932,417. 00 with interest thereon at 14% p a from 20th April 2021 until payment in full.b.The Defendant shall bear the costs of the application and suit.
DATED AND DELIVERED AT NAIROBI THIS 21ST DAY OF SEPTEMBER 2021. D.S. MAJANJAJUDGECourt Assistant: Mr M. OnyangoMr instructed by Oyugi and Company Advocates for the Plaintiff