[2024] KEHC 1806 (KLR)
The court found that the application was unopposed and that the applicant had established entitlement to judgment for the taxed costs as evidenced by the Certificate of Taxation. There was no dispute as to retainer or any other valid objection raised by the respondent. Accordingly, the court exercised its discretion...
Source-derived case information.
- Citation
- [2024] KEHC 1806 (KLR)
- Parties
- Applicant: Kiarie Kariuki t/a Kiarie Kariuki & Company Advocates; Respondent: Monarch Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E036 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for applicant for taxed costs, interest, and costs of the application.
- Judges
- GMA Dulu
- Legal Topics
- Advocate Remuneration, Taxation of Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiarie Kariuki t/a Kiarie Kariuki & Company Advocates
Applicant
Monarch Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for taxed costs as per the certificate of taxation.
- 2 Whether interest at 16% per annum from 9th February 2023 is payable on the taxed costs.
- 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 evidenced by the Certificate of Taxation. There was no dispute as to retainer or any other valid objection raised by the respondent. Accordingly, the court exercised its discretion under Section 51(2) of the Advocates Act and paragraph 7 of the Advocates Remuneration Order to enter judgment for the applicant for the taxed sum, with interest at 16% per annum from 9th February 2023 until payment in full, and awarded costs of the application to the applicant.
Court Disposition
Application allowed. Judgment entered for applicant for taxed costs, interest, and costs of the application.
Orders
- Judgment is entered in favour of Kiarie Kariuki & Company Advocates against the respondent for Kshs. 159,477 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.
Full Case Text
Judgment text and source record
22 paragraphs
Kiarie Kariuki t/a Kiarie Kariuki & Company Advocates v Monarch Insurance Company Limited (Miscellaneous Application E036 of 2022) [2024] KEHC 1806 (KLR) (27 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1806 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E036 of 2022
GMA Dulu, J
February 27, 2024
Between
Kiarie Kariuki t/a Kiarie Kariuki & Company Advocates
Applicant
and
Monarch Insurance Company Limited
Respondent
Ruling
1. Before me is a Notice of Motion dated 9th June 2023 filed by Kiarie Kariuki & Company Advocates under Section 51 (2) of the Advocates Act and paragraph 7 of the Advocates Remuneration Order (Cap.16) Laws of Kenya.
2. The application seeks entry of judgment in favour of the advocates firm for taxed costs, and interest at the rate of 16% per annum from 9th February 2023 until payment in full, together with costs.
3. The application has grounds on the face of the Notice of Motion that judgment was delivered in Voi SPMCC No. 5 of 2018 on 26th September 2019, and that on 8th February 2023 the Taxing Officer assessed the Bill of Costs at the sum of Kshs. 159,477/= and a Certificate of Taxation issued in favour of the advocate.
4. The application was filed with a supporting affidavit sworn by Kiarie Kariuki on 9th June 2023 amplifying the grounds of the application.
5. Though on 5th October 2023 Mr. Onduso appeared for the respondents, and was given time to file a response to the application, no response was filed.
6. The application herein thus not being opposed, I find no basis for not granting the orders sought.
7. Consequently, I allow the application and order as follows:-i.Judgment is hereby entered in favour of Kiarie Kariuki & Company Advocates against the respondent for the sum of Kshs. 159,477/= together with interest at the rate of 16% per annum from 9th day of February 2023 until payment in full.ii.The costs of this application will be borne by the respondent.
DATED, SIGNED AND DELIVERED THIS 27TH DAY OF FEBRUARY 2024 AT VOI IN OPEN COURT VIRTUALLY.GEORGE DULUJUDGEIn the presence of:-Alfred – Court AssistantMs. Layoo for applicant presentMr. Onduso for respondent present