[2023] KEELRC 292 (KLR)
The court found that the applicant had properly served the application and that the certificate of costs dated August 3, 2022 was unchallenged by the respondents. In accordance with Section 51(2) of the Advocates Act, the court adopted the certificate of costs as its judgment. The court further held that the...
Source-derived case information.
- Citation
- [2023] KEELRC 292 (KLR)
- Parties
- Applicant: Ligunya Sande & Associates; Respondent: County Government of Nyamira County Public Service Board; Respondent: County Government Of Nyamira
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E011 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Adoption of Certificate of Costs as Judgment
- Outcome
- Application allowed in full.
- Judges
- DN Nderitu
- Legal Topics
- Taxation of Costs, Certificate of Costs, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ligunya Sande & Associates
Applicant
County Government of Nyamira County Public Service Board
Respondent
County Government Of Nyamira
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Adoption of Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs should be adopted as a judgment of the court.
- 2 Whether interest should be awarded on the certified costs from the date specified.
- 3 Whether the applicant is entitled to execute against the respondents for the certified costs.
Ratio Decidendi
The court found that the applicant had properly served the application and that the certificate of costs dated August 3, 2022 was unchallenged by the respondents. In accordance with Section 51(2) of the Advocates Act, the court adopted the certificate of costs as its judgment. The court further held that the certified sum would attract interest at court rates from the date of the certificate until payment in full. The applicant was granted liberty to execute for the amount and was awarded costs of the application, which were assessed at Kshs 15,000. The absence of opposition from the respondents and the regularity of the application justified the orders granted.
Court Disposition
Application allowed in full.
Orders
- The certificate of costs dated August 3, 2022 in the sum of Kshs 1,728,505 is adopted as judgment of the court.
- The sum of Kshs 1,728,505 shall attract interest at court rates from August 3, 2022 until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
Ligunya Sande & Associates v County Government of Nyamira County Public Service Board & another (Miscellaneous Application E011 of 2022) [2023] KEELRC 292 (KLR) (2 February 2023) (Ruling)
Neutral citation: [2023] KEELRC 292 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kericho
Miscellaneous Application E011 of 2022
DN Nderitu, J
February 2, 2023
Between
Ligunya Sande & Associates
Claimant
and
County Government of Nyamira County Public Service Board
1st Client
County Government Of Nyamira
2nd Client
Ruling
1. The Notice of Motion dated September 28, 2022(the application) has been served upon the Respondents as per the affidavit of service on record.
2. The said application is seeking for the following -1. That the Certificate of Costs dated August 3, 2022 for the sum of Kenya Shillings One Million, Seven Hundred and Twenty Eight Thousand, Five Hundred and Five (Kshs 1,728,505/=) in favour of the Applicant herein be adopted as the judgment of this court.2. That this Honourable Court do order the Respondent to pay, interest on the Certified Costs dated August 3, 2022 at 14% per annum from January 25, 2022 when the Applicant’s payment became due.3. That the Applicant be allowed to execute the judgment herein against the Respondent.4. That costs of this Application be provided for5. That this Honourable Court be pleased to make such further orders it deems fit to meet the ends of justice.
3. The said application is allowed in the following terms –a.The certificate of costs dated August 3, 2022 in the sum of Kshs 1,728,505/= is hereby adopted as judgment of this court.b.The said sum of Kshs 1,728,505/= shall attract interest at court rates from August 3, 2022 till payment in full.c.The Applicant is free to enforce payment of the said amount through lawful execution process.d.The Applicant is granted costs of the said application which are hereby assessed at Kshs 15,000/=.
DATED, DELIVERED VIRTUALLY, AND SIGNED AT NAKURU THIS 2NDDAY OF FEBRUARY, 2023. DAVID NDERITUJUDGE