[2022] KEHC 16261 (KLR)
The court found that there was no evidence of a pending reference or challenge to the certificate of taxation issued on February 21, 2022. The applicant had served the application on the respondent, who failed to respond or contest the application. In the absence of any challenge, the court held that the applicant...
Source-derived case information.
- Citation
- [2022] KEHC 16261 (KLR)
- Parties
- Applicant: Duke O. Omwenga t/a Omwenga & Co. Advocates; Respondent: The Monarch Insurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E086 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for applicant on taxed costs
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Judgment Entry, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duke O. Omwenga t/a Omwenga & Co. Advocates
Applicant
The Monarch Insurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the advocate against the client based on the certificate of taxation.
- 2 Whether there is any pending reference challenging the certificate of taxation.
Ratio Decidendi
The court found that there was no evidence of a pending reference or challenge to the certificate of taxation issued on February 21, 2022. The applicant had served the application on the respondent, who failed to respond or contest the application. In the absence of any challenge, the court held that the applicant was entitled to judgment for the amount certified in the certificate of taxation, together with interest at the rate of 14% per annum from the date of taxation. The court therefore entered judgment for the applicant as prayed and ordered that each party bear their own costs of the application.
Court Disposition
judgment for applicant on taxed costs
Orders
- Judgment entered for the applicant/advocate against the respondent/client in the sum of Kshs 401,252.20 as per the certificate of taxation issued on February 21, 2022.
- Interest at 14% per annum from August 12, 2021, on the taxed sum until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
Duke O. Omwenga t/a Omwenga & Co. Advocates v Monarch Insurance Co. Ltd (Miscellaneous Civil Application E086 of 2021) [2022] KEHC 16261 (KLR) (13 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16261 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E086 of 2021
RE Aburili, J
December 13, 2022
Between
Duke O. Omwenga t/a Omwenga & Co. Advocates
Advocate
and
The Monarch Insurance Co. Ltd
Client
Ruling
1. I have considered the application dated February 22, 2022, the grounds and supported by an affidavit of Duke O Omwanga Advocate. I observe that there is no response filed despite service of the same upon the respondent as per the filed affidavit of service.
2. In the premises and in the absence of any evidence of a pending reference challenging certificate of taxation issued on February 21, 2022 by the Deputy Registrar, I hereby enter judgment for the applicant/advocate against the respondent/client, the Monarch Insurance Co Ltd in the sum of Kshs 401,252. 20 as per certificate of taxation issued on February 21, 2022 by the Deputy Registrar together with interest thereon at 14% pa as from August 12, 2021, date of taxation.
3. Decree to issue forthwith.
4. Each party to bear their own costs of the application dated February 22, 2022.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF DECEMBER, 2022R. E. ABURILIJUDGE