[2022] KEHC 16296 (KLR)
The court found that the advocate/applicant was entitled to judgment for the sum certified in the certificate of taxation, as there was no opposition to the application and the client’s reference challenging the taxation had already been dismissed. There being no other impediment, the court entered judgment for the...
Source-derived case information.
- Citation
- [2022] KEHC 16296 (KLR)
- Parties
- Applicant: Duke O Omwenga t/a Omwenga & Co. Advocates; Respondent: Monarch Insurance Co Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E084 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment entered for the applicant/advocate for the taxed costs and interest; decree to issue; each party to bear own costs of the application
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Entry of Judgment on Certificate of Taxation
- 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
Monarch Insurance Co Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the court should enter judgment in favour of the advocate for the amount certified in the certificate of taxation.
- 2 Whether interest at 14% per annum from the date of assessment is payable on the taxed costs.
- 3 Whether there is any impediment to entering judgment following the dismissal of the client’s reference.
Ratio Decidendi
The court found that the advocate/applicant was entitled to judgment for the sum certified in the certificate of taxation, as there was no opposition to the application and the client’s reference challenging the taxation had already been dismissed. There being no other impediment, the court entered judgment for the applicant in the sum of Kshs 159,402.40 together with interest at 14% per annum from the date of assessment, and ordered that a decree issue forthwith. Each party was ordered to bear their own costs of the application.
Court Disposition
judgment entered for the applicant/advocate for the taxed costs and interest; decree to issue; each party to bear own costs of the application
Orders
- Judgment is entered for the applicant/advocate in the sum of Kshs 159,402.40 against the respondent/client.
- Interest at 14% per annum from August 12, 2021 until payment in full is awarded.
Full Case Text
Judgment text and source record
22 paragraphs
Duke O Omwenga t/a Omwenga & Co Advocates v Monarch Insurance Co Ltd (Miscellaneous Civil Application E084 of 2021) [2022] KEHC 16296 (KLR) (13 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16296 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E084 of 2021
RE Aburili, J
December 13, 2022
Between
Duke O Omwenga t/a Omwenga & Co. Advocates
Advocate
and
Monarch Insurance Co Ltd
Client
Ruling
1. This ruling determines the advocate/applicant’s application dated February 22, 2022 seeking for orders that the court do enter judgment for a sum of Kshs 159,401. 40 as per the certificate of taxation issued on February 21, 2022 by the Deputy Registrar together with interest of 14% p a from August 12, 2021 the date of assessment of the bill of costs and that the court do issue decree and costs of this application.
2. The application is not opposed, despite service upon the respondent as shown by an affidavit of service upon them, as filed in court by the applicant advocate.
3. I also observe that after the costs were taxed between advocate and client, the client filed a reference before this court, which reference was heard and dismissed vide the ruling of February 8, 2022 by Hon F A Ochieng J.
4. As there is no other impediment, I hereby enter judgment for the advocate/applicant in terms of the certificate of costs issued on February 21, 2022 by the Deputy Registrar, in the sum of Kshs 159,402. 40 in favour of the applicant/advocate against the respondent/client, the Monarch Insurance Co Ltd together with interest at 14% p a from August 12, 2021.
5. Decree to issue forthwith for the said sums of money plus interest accrued.
6. I order that each party shall bear their own costs of this application.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF DECEMBER 2022R. E. ABURILIJUDGE