[2024] KEHC 546 (KLR)
The court found that there was no reference filed against the certificate of costs dated May 4, 2023 and no issue of retainer was pending. In the absence of any challenge to the certificate of costs, the applicant was entitled to judgment as prayed. The court therefore allowed the application and entered judgment...
Source-derived case information.
- Citation
- [2024] KEHC 546 (KLR)
- Parties
- Applicant: Kasamani & Associates Advocates; Respondent: Joshua Ouko Piemo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E185 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment on Certificate of Costs
- Outcome
- application allowed; judgment entered for applicant as per certificate of costs
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Costs, Entry of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kasamani & Associates Advocates
Applicant
Joshua Ouko Piemo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Entry of Judgment on Certificate of Costs
Legal Issues
- 1 Whether judgment should be entered on the certificate of costs dated May 4, 2023 in favour of the applicant.
- 2 Whether there is any reference filed or issue of retainer pending to bar entry of judgment.
Ratio Decidendi
The court found that there was no reference filed against the certificate of costs dated May 4, 2023 and no issue of retainer was pending. In the absence of any challenge to the certificate of costs, the applicant was entitled to judgment as prayed. The court therefore allowed the application and entered judgment for the applicant in the sum of Kshs.205,812 as per the certificate of costs, together with interest at 14% per annum from May 4, 2023 until payment in full.
Court Disposition
application allowed; judgment entered for applicant as per certificate of costs
Orders
- Duplicate file for January 30, 2024 is closed.
- Judgment entered for the applicant in the sum of Kshs.205,812 as per the certificate of costs dated May 4, 2023.
Full Case Text
Judgment text and source record
25 paragraphs
Kasamani & Associates Advocates v Piemo (Miscellaneous Civil Application E185 of 2023) [2024] KEHC 546 (KLR) (29 January 2024) (Ruling)
Neutral citation: [2024] KEHC 546 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E185 of 2023
RE Aburili, J
January 29, 2024
IN THE MATTER OF ADVOCATES CAP 16 AND IN THE MATTER OF TAXATION OF ADVOCATES CLIENT BILL OF COSTS IN THE KISUMU HC MISC. NO. E164 OF 2022
Between
Kasamani & Associates Advocates
Advocate
and
Joshua Ouko Piemo
Client
Ruling
1. I have considered the application dated October 2, 2023. I observe that there are two files in one. The other is due for mention before Deputy Registrar on January 30, 2024. That is erroneous because no two dates should be given on one file.
2. Accordingly, the duplicate file for January 30, 2024 is hereby closed.
3. On the file herein, the Applicant was not served. However, the application seeks for entry of judgment on the certificate of costs dated May 4, 2023 for Kshs.205,812 in favour of the Applicant.
4. As there is no Reference filed or issued of retainer pending, I hereby allow the application dated October 2, 2023 and enter judgment for the Applicant herein in favour of the Respondent in accordance with the certificate of costs dated May 4, 2023.
5. Decree to issue for Kshs.205,812 together with interest at 14% p.a from May 4, 2023 until payment in full.
6. I make no orders as to costs.
7. File to be mentioned before the Deputy Registrar on February 28, 2024 to confirm settlement.
8. Ruling to be typed and applicant’s counsel to be notified.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE