[2025] KEHC 3808 (KLR)

[2025] KEHC 3808 (KLR)

The court found that the certificate of taxation issued on 9th September, 2020 for Kshs. 269,344.00 had not been challenged, altered, or set aside by the respondent. In the absence of any objection, and in accordance with Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the taxed sum....

Source-derived case information.

Citation
[2025] KEHC 3808 (KLR)
Parties
Applicant: Kinyanjui Njuguna & Co. Advocates; Respondent: Directline Assurance Co. Limited
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 120 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
Outcome
Application allowed; judgment entered for applicant for taxed costs and interest; no order as to costs of the application.
Judges
DO Chepkwony
Legal Topics
Taxation of Costs, Certificate of Taxation, Entry of Judgment, Interest on Costs
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Certificate of Taxation Entry of Judgment Interest on Costs

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Parties

Kinyanjui Njuguna & Co. Advocates

Applicant

Directline Assurance Co. Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered for the applicant based on an undisputed certificate of taxation.
  2. 2 Whether the applicant is entitled to interest on the taxed sum from 2nd February, 2018 until payment in full.
  3. 3 Whether costs of the application should be awarded to the applicant.

Ratio Decidendi

The court found that the certificate of taxation issued on 9th September, 2020 for Kshs. 269,344.00 had not been challenged, altered, or set aside by the respondent. In the absence of any objection, and in accordance with Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the taxed sum. The court further held that the applicant was entitled to interest at the rate of 14% per annum from 2nd February, 2018 until payment in full. However, since the respondent had conceded to the application, the court exercised its discretion and made no order as to costs for the application itself.

Court Disposition

Application allowed; judgment entered for applicant for taxed costs and interest; no order as to costs of the application.

Orders

  • Judgment is entered for the applicant against the respondent for Kshs. 269,344.00 together with interest at 14% per annum from 2nd February, 2018 until payment in full.
  • There shall be no order as to costs of the application.