[2023] KEHC 71 (KLR)
The court held that since the respondent's application to challenge the taxing officer's ruling was dismissed, the certificate of costs dated February 4, 2022 remained unchallenged and final. Consequently, judgment was entered in favour of the applicant for the certified sum of Kshs 17,735,363.50. The court further...
Source-derived case information.
- Citation
- [2023] KEHC 71 (KLR)
- Parties
- Applicant: Jones Nyachiro t/a M/S Nyachiro Nyagaka & Co. Advocates; Respondent: County Government of Nyamira
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E002 of 2022
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Application for Judgment on Certificate of Costs
- Outcome
- Judgment entered for the applicant for the certified costs, with interest and costs of the application awarded.
- Judges
- FA Ochieng
- Legal Topics
- Taxation of Costs, Certificate of Costs, Judgment on Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jones Nyachiro t/a M/S Nyachiro Nyagaka & Co. Advocates
Applicant
County Government of Nyamira
Respondent
Procedural Posture
Miscellaneous Civil Case / Ruling on Application for Judgment on Certificate of Costs
Legal Issues
- 1 Whether the certificate of costs dated February 4, 2022 is final and enforceable.
- 2 Whether judgment should be entered in favour of the applicant for the taxed costs.
- 3 Whether interest should accrue on the certified sum from March 5, 2022.
Ratio Decidendi
The court held that since the respondent's application to challenge the taxing officer's ruling was dismissed, the certificate of costs dated February 4, 2022 remained unchallenged and final. Consequently, judgment was entered in favour of the applicant for the certified sum of Kshs 17,735,363.50. The court further ordered that interest at court rates would accrue from March 5, 2022, after allowing the respondent a 30-day grace period from the date of the ruling. The respondent was also ordered to pay the costs of the application dated April 20, 2022. The court's decision was informed by the respondent's advocate's letter acknowledging awareness of the certificate of costs and the absence...
Court Disposition
Judgment entered for the applicant for the certified costs, with interest and costs of the application awarded.
Orders
- Judgment is entered in favour of the applicant for Kshs 17,735,363.50.
- The sum shall attract interest at court rates from March 5, 2022.
Full Case Text
Judgment text and source record
20 paragraphs
Jones Nyachiro t/a M/S Nyachiro Nyagaka & Co. Advocates v County Government of Nyamira (Miscellaneous Civil Case E002 of 2022) [2023] KEHC 71 (KLR) (18 January 2023) (Ruling)
Neutral citation: [2023] KEHC 71 (KLR)
Republic of Kenya
In the High Court at Nyamira
Miscellaneous Civil Case E002 of 2022
FA Ochieng, J
January 18, 2023
Between
Jones Nyachiro t/a M/S Nyachiro Nyagaka & Co. Advocates
Applicant
and
The County Government of Nyamira
Respondent
Ruling
1. Following the dismissal of the application dated June 13, 2022, the Nyamira County Government has lost the only remaining chance which it had, to challenge the ruling of the taxing officer.
2. In the event, the Certificate of Costs dated February 4, 2022 has neither been set aside nor varied. It is therefore final as to the contents thereof.
3. On the basis of the said certificate of costs, I do now hereby grant judgment in favour of the applicant, in the sum of Kshs 17,735,363. 50.
4. The said sum shall attract interest at Court rates with effect from March 5, 2022. I so order after allowing the respondent a grace period of 30 days, from the date when the ruling was delivered. My said decision is informed by the letter from the respondent’s advocate, M/s Hassan Mutembei & Co Advocates, dated February 18, 2022. From the said letter, it is discernable that the respondent was aware of the ruling dated February 4, 2022.
5. I further order the respondent to pay to the applicant, the costs of the application dated April 20, 2022.
DATED, SIGNED AND DELIVERED THIS 18TH DAY OF JANUARY, 2023. FRED A. OCHIENGJUDGEI certify that this is a true copy of the originalDEPUTY REGISTRAR