[2024] KEHC 1809 (KLR)
The court found that the applicant had established entitlement to judgment for the taxed costs as per the Certificate of Taxation, there being no opposition or dispute as to retainer or the amount taxed. The application was unopposed despite the respondent being given an opportunity to respond. The court held that...
Source-derived case information.
- Citation
- [2024] KEHC 1809 (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 E007 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Entry of 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, Entry of Judgment
- 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
The Monarch Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Entry of 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 applicant had established entitlement to judgment for the taxed costs as per the Certificate of Taxation, there being no opposition or dispute as to retainer or the amount taxed. The application was unopposed despite the respondent being given an opportunity to respond. The court held that the applicant was entitled to judgment for the taxed sum of Kshs. 221,295 together with interest at 16% per annum from 9th February 2023 until payment in full, and that the respondent should bear the costs of the application.
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. 221,295 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 E007 of 2023) [2024] KEHC 1809 (KLR) (27 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1809 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E007 of 2023
GMA Dulu, J
February 27, 2024
Between
Kiarie Kariuki t/a Kiarie Kariuki & Company Advocates
Applicant
and
The 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 (cap.16) and paragraph 7 of the Advocates Remuneration Order.
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. 191 of 2017, in this case wherein the respondents retained the advocates to represent them, and that on 8th February 2023 the Taxing Officer assessed the Bill of Costs at the sum of Kshs. 221,295/= 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 to date.
6. Thus the application herein 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. 221,295/=/= 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 applicantMr. Onduso for respondent