[2025] KEHC 3818 (KLR)
The court found that the application for entry of judgment on the taxed costs was unopposed and that the applicant had complied with the procedural requirements, including service and filing of an affidavit of service. There being no challenge to the certificate of taxation, the court held that the applicant was...
Source-derived case information.
- Citation
- [2025] KEHC 3818 (KLR)
- Parties
- Applicant: Eric Ntabo & Company Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E013 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed. Judgment entered for the applicant for the taxed sum with interest. No order as to costs.
- Judges
- AN Ongeri
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Ntabo & Company Advocates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as against the respondent.
- 2 Whether interest should be awarded on the taxed sum from the date of the certificate of taxation.
Ratio Decidendi
The court found that the application for entry of judgment on the taxed costs was unopposed and that the applicant had complied with the procedural requirements, including service and filing of an affidavit of service. There being no challenge to the certificate of taxation, the court held that the applicant was entitled to judgment for the sum certified therein, together with interest at 14% per annum from the date of the certificate of taxation until payment in full. The court exercised its discretion not to award costs for the application.
Court Disposition
Application allowed. Judgment entered for the applicant for the taxed sum with interest. No order as to costs.
Orders
- Judgment is entered in favour of the applicant against the respondent in the sum of Kshs. 339,771 together with interest at 14% per annum from the date of the certificate of taxation until payment in full.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Eric Ntabo & Company Advocates v Trident Insurance Company Limited (Miscellaneous Application E013 of 2024) [2025] KEHC 3818 (KLR) (17 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3818 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E013 of 2024
AN Ongeri, J
March 17, 2025
Between
Eric Ntabo & Company Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. The application dated 22nd October 2024 was served upon the Respondent/Client and an affidavit of service dated 27th January 2025 filed.
2. The application is not opposed and the same is allowed accordingly.
3. Judgment be and is hereby entered in favour of the Applicant/Advocate against the Respondent/Client in the sum of Kshs. 339,771/= together with interest at 14% per annum from the date of the certificate of taxation until payment in full.
4. No orders are granted as to costs.
DATED, SIGNED AND DELIVERED THIS 17TH MARCH 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistants: Maina/MillicentMiss Agata holding brief for the Applicant/AdvocateNo appearance for the Respondent/Client