[2023] KEHC 1566 (KLR)

[2023] KEHC 1566 (KLR)

The court found that since the application for adoption of the certificate of costs as a judgment and decree was unopposed and there was no objection from the respondents, it was appropriate to allow the application. The court relied on its inherent powers under the Civil Procedure Act and the constitutional...

Source-derived case information.

Citation
[2023] KEHC 1566 (KLR)
Parties
Applicant: HMS Advocate LLP; Respondent: Alena Finance; Respondent: Frank Hammere
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Commercial Miscellaneous Application E1180 of 2020
Procedural Posture
Commercial Miscellaneous Application / Ruling on Unopposed Notice of Motion for Adoption of Certificate of Costs as Judgment
Outcome
Application allowed as prayed.
Judges
DO Chepkwony
Legal Topics
Taxation of Costs, Adoption of Certificate of Costs, Unopposed Application
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Adoption of Certificate of Costs Unopposed Application

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Parties

HMS Advocate LLP

Applicant

Alena Finance

Respondent

Frank Hammere

Respondent

Procedural Posture

Commercial Miscellaneous Application / Ruling on Unopposed Notice of Motion for Adoption of Certificate of Costs as Judgment

Legal Issues

  1. 1 Whether the certificate of costs arising from the taxation order should be adopted as a judgment and decree of the court.
  2. 2 Whether interest at 14% per annum should be awarded from the date of filing the Bill of Taxation until payment in full.
  3. 3 Whether costs of the application should be awarded to the Advocate/Applicant.

Ratio Decidendi

The court found that since the application for adoption of the certificate of costs as a judgment and decree was unopposed and there was no objection from the respondents, it was appropriate to allow the application. The court relied on its inherent powers under the Civil Procedure Act and the constitutional imperative to administer justice without undue regard to procedural technicalities. The certificate of costs arising from the taxation order was therefore adopted as a judgment and decree of the court, with interest at 14% per annum from the date of filing the Bill of Taxation until payment in full. The costs of the application were also awarded to the Advocate/Applicant.

Court Disposition

Application allowed as prayed.

Orders

  • The certificate of costs in respect of the taxation order made on July 27, 2021 for Kshs 2,283,702.44 is adopted as a judgment and decree of the court together with interest at 14% per annum from the date of filing the Bill of Taxation until payment in full.
  • Costs of the application are awarded to the Advocate/Applicant.