[2025] KEHC 7242 (KLR)

[2025] KEHC 7242 (KLR)

The court found that the respondent, despite being duly served, failed to file any response or attend the hearing of the application for judgment on the certificate of costs. The facts presented by the applicant were therefore uncontroverted. The court held that under Section 51(2) of the Advocates Act, a...

Source-derived case information.

Citation
[2025] KEHC 7242 (KLR)
Parties
Applicant: Erick Ntabo & Company Advocates; Respondent: Trident Insurance Co Ltd
Court
High Court
Court Station
High Court at Homa Bay
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E040 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
Outcome
application allowed; judgment entered for applicant as per certificate of costs
Judges
OA Sewe
Legal Topics
Taxation of Costs, Certificate of Costs Enforcement, Unopposed Application
Source Language
en
Civil Procedure Taxation of Costs Certificate of Costs Enforcement Unopposed Application

Source-derived case record

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Parties

Erick Ntabo & Company Advocates

Applicant

Trident Insurance Co Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certificate of Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment on the certificate of costs where the respondent has not opposed the application.
  2. 2 Whether interest should accrue on the certified costs from the date of the Taxing Officer's ruling.

Ratio Decidendi

The court found that the respondent, despite being duly served, failed to file any response or attend the hearing of the application for judgment on the certificate of costs. The facts presented by the applicant were therefore uncontroverted. The court held that under Section 51(2) of the Advocates Act, a certificate of costs is sufficient basis for entry of judgment unless there is a valid challenge, which was absent in this case. The court was satisfied that the applicant was entitled to judgment in the certified sum, interest at 14% per annum from the date of the Taxing Officer's ruling, and costs of the application. The orders sought were thus granted as prayed.

Court Disposition

application allowed; judgment entered for applicant as per certificate of costs

Orders

  • The application dated 16th September 2024 is allowed.
  • Judgment is entered in favour of the applicant in the sum of KES 143,026 in terms of the certificate of costs dated 9th August 2024.