[2024] KEHC 12503 (KLR)

[2024] KEHC 12503 (KLR)

The court found that the application was unopposed and that the applicant had satisfied the requirements for adoption of the certificate of costs as a judgment of the court. The certificate of costs dated 5.4.2023 for Kshs.111,034 was therefore adopted as a judgment. The court further held that the applicant was...

Source-derived case information.

Citation
[2024] KEHC 12503 (KLR)
Parties
Applicant: Juliet Dima & Associates Advocates; Respondent: Mapeja Properties Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E195 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion for Adoption of Certificate of Costs as Judgment
Outcome
Application allowed in full.
Judges
MS Shariff
Legal Topics
Certificate of Costs, Judgment Entry, Interest Award, Costs of Application
Source Language
en
Civil Procedure Certificate of Costs Judgment Entry Interest Award Costs of Application

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Parties

Juliet Dima & Associates Advocates

Applicant

Mapeja Properties Limited

Respondent

Procedural Posture

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 should be adopted as a judgment of the court.
  2. 2 Whether the applicant is entitled to interest on the certified costs.
  3. 3 Whether the applicant should be awarded costs of the application.

Ratio Decidendi

The court found that the application was unopposed and that the applicant had satisfied the requirements for adoption of the certificate of costs as a judgment of the court. The certificate of costs dated 5.4.2023 for Kshs.111,034 was therefore adopted as a judgment. The court further held that the applicant was entitled to interest at 14% per annum from the date of certification until payment in full, and awarded the applicant costs of the application assessed at Kshs.20,000. The file was ordered closed.

Court Disposition

Application allowed in full.

Orders

  • The certificate of costs dated 5.4.2023 for Kshs.111,034 is adopted as a judgment of the court.
  • The judgment shall attract interest at 14% per annum from 5.4.2023 until payment in full.