[2024] KEHC 1807 (KLR)

[2024] KEHC 1807 (KLR)

The court found that the applicant had obtained a Certificate of Taxation for Kshs. 315,978.35, and the respondent had not filed any response or objection to the application for entry of judgment. There was no dispute as to retainer or the amount taxed. In the absence of opposition, and in accordance with Section...

Source-derived case information.

Citation
[2024] KEHC 1807 (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 E035 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 application
Judges
GMA Dulu
Legal Topics
Advocates Remuneration, Taxation of Costs, Entry of Judgment, Certificate of Taxation
Source Language
en
Civil Procedure Commercial and Corporate Advocates Remuneration Taxation of Costs Entry of Judgment Certificate of Taxation

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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 Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to 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 sum.
  3. 3 Whether the respondent should bear the costs of the application.

Ratio Decidendi

The court found that the applicant had obtained a Certificate of Taxation for Kshs. 315,978.35, and the respondent had not filed any response or objection to the application for entry of judgment. There was no dispute as to retainer or the amount taxed. In the absence of opposition, and in accordance with Section 51(2) of the Advocates Act and the Advocates Remuneration Order, the court held that the applicant was entitled to judgment for the taxed sum, together with interest at 16% per annum from 9th February 2023 until payment in full, and the costs of the application. The court thus allowed the application as prayed.

Court Disposition

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

Orders

  • Judgment is entered in favour of Kiarie Kariuki & Company Advocates against the respondent for Kshs. 315,978.35 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.