[2018] KEHC 5669 (KLR)

[2018] KEHC 5669 (KLR)

The court found that the application for judgment on taxed and certified costs was properly served and not opposed. The retainer was not disputed. In the absence of any challenge to the certificate of costs, the applicant was entitled to judgment for the amount certified. However, since there was no evidence that...

Source-derived case information.

Citation
[2018] KEHC 5669 (KLR)
Parties
Applicant: Joseph Mboya Oguttu t/a Oguttu Mboya & Co. Advocates; Respondent: Joice Adhiambo Abonyo
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 11 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
Judgment entered for the applicant for the taxed and certified costs with interest at court rates from 29th March 2017 until payment in full; costs of the application assessed at Kshs. 5,000.
Judges
DAS Majanja
Legal Topics
Taxation of Costs, Certificate of Costs, Judgment on Taxed Costs
Source Language
en
Civil Procedure Taxation of Costs Certificate of Costs Judgment on Taxed Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Joseph Mboya Oguttu t/a Oguttu Mboya & Co. Advocates

Applicant

Joice Adhiambo Abonyo

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for the taxed and certified costs as per the certificate issued by the Deputy Registrar.
  2. 2 Whether interest should be awarded and from what date.
  3. 3 Whether the applicant is entitled to costs of the application.

Ratio Decidendi

The court found that the application for judgment on taxed and certified costs was properly served and not opposed. The retainer was not disputed. In the absence of any challenge to the certificate of costs, the applicant was entitled to judgment for the amount certified. However, since there was no evidence that the bill seeking interest was served, interest would only accrue from the date of the application, not earlier. The applicant was also entitled to the costs of the application, which were assessed at Kshs. 5,000.

Court Disposition

Judgment entered for the applicant for the taxed and certified costs with interest at court rates from 29th March 2017 until payment in full; costs of the application assessed at Kshs. 5,000.

Orders

  • Judgment for Kshs. 394,397 in favour of the applicant.
  • Interest at court rates from 29th March 2017 until payment in full.