[2022] KEHC 16247 (KLR)

[2022] KEHC 16247 (KLR)

The court found that the advocate/applicant was entitled to judgment for the sum certified in the certificate of taxation, as the respondent had not challenged the certificate or filed any response to the application. The court further held that interest at 14% per annum from August 12, 2021, was justified, and that...

Source-derived case information.

Citation
[2022] KEHC 16247 (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 E085 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application for Judgment on Certificate of Taxation
Outcome
application allowed; judgment entered for applicant/advocate as per certificate of taxation plus interest; each party to bear own costs
Judges
RE Aburili
Legal Topics
Taxation of Costs, Advocate Client Bill, Certificate of Taxation, Entry of Judgment
Source Language
en
Civil Procedure Taxation of Costs Advocate Client Bill Certificate of Taxation Entry of Judgment

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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 Advocate's Application for Judgment on Certificate of Taxation

Legal Issues

  1. 1 Whether the court should enter judgment in favour of the advocate/applicant as per the certificate of taxation issued by the deputy registrar.
  2. 2 Whether interest at 14% per annum from August 12, 2021 should be awarded on the taxed sum.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court found that the advocate/applicant was entitled to judgment for the sum certified in the certificate of taxation, as the respondent had not challenged the certificate or filed any response to the application. The court further held that interest at 14% per annum from August 12, 2021, was justified, and that each party should bear its own costs for the application. The application was therefore allowed as prayed, and judgment was entered in favour of the applicant for Kshs 407,116.50 plus interest at 14% per annum from August 12, 2021 until payment in full.

Court Disposition

application allowed; judgment entered for applicant/advocate as per certificate of taxation plus interest; each party to bear own costs

Orders

  • Judgment entered in favour of the applicant/advocate against the respondent/client in the sum of Kshs 407,116.50.
  • Interest at 14% per annum from August 12, 2021 until payment in full awarded on the principal sum.