[2024] KEHC 1885 (KLR)

[2024] KEHC 1885 (KLR)

The court found that the application was unopposed and that the applicant had established entitlement to judgment for the taxed costs as per the certificate of taxation. There was no evidence of any challenge to the taxation or the certificate. The law under Section 51(2) of the Advocates Act provides that where a...

Source-derived case information.

Citation
[2024] KEHC 1885 (KLR)
Parties
Applicant: Kiarie Kariuki T/A Kiarie Kariuki & Company Advocates; Respondent: The Monarch Insurance Company Limited
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Miscellaneous Application E006 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed costs with interest and costs of application
Judges
GMA Dulu
Legal Topics
Advocates Costs Taxation, Certificate of Taxation, Entry of Judgment, Interest on Costs
Source Language
en
Civil Procedure Commercial and Corporate Advocates Costs Taxation Certificate of Taxation Entry of Judgment Interest on Costs

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Parties

Kiarie Kariuki T/A Kiarie Kariuki & Company Advocates

Applicant

The Monarch Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to entry of judgment for taxed costs as per the certificate of taxation.
  2. 2 Whether interest at 16% per annum from 9th February 2023 is payable on the taxed costs.
  3. 3 Whether the respondent should bear the costs of the application.

Ratio Decidendi

The court found that the application was unopposed and that the applicant had established entitlement to judgment for the taxed costs as per the certificate of taxation. There was no evidence of any challenge to the taxation or the certificate. The law under Section 51(2) of the Advocates Act provides that where a certificate of taxation has not been set aside or altered, the advocate is entitled to judgment for the taxed amount. The court further held that interest at 16% per annum from the date of taxation is payable as provided by the Advocates Remuneration Order. Accordingly, judgment was entered for the applicant for the taxed sum with interest, and the respondent was ordered to pay...

Court Disposition

application allowed; judgment entered for applicant for taxed costs with interest and costs of application

Orders

  • Judgment is entered in favour of Kiarie Kariuki & Company Advocates against the respondent for Kshs. 221,445 together with interest at 16% per annum from 9th February 2023 until payment in full.
  • The costs of this application will be borne by the respondent.