[2022] KEHC 15534 (KLR)
The court found that since the advocate/client bill of costs had been taxed and no reference had been filed to challenge the taxed costs, there was no reason to delay the matter. The applicant was entitled to have the certificate of taxation adopted as judgment of the court and for a decree to issue for the taxed...
Source-derived case information.
- Citation
- [2022] KEHC 15534 (KLR)
- Parties
- Applicant: Mauwa & Company Associates; Respondent: Paul Nyamiobo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E019 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant in terms of certificate of taxation
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mauwa & Company Associates
Applicant
Paul Nyamiobo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the certificate of taxation should be adopted as judgment of the court.
- 2 Whether a decree should issue for the taxed sum in favour of the applicant.
Ratio Decidendi
The court found that since the advocate/client bill of costs had been taxed and no reference had been filed to challenge the taxed costs, there was no reason to delay the matter. The applicant was entitled to have the certificate of taxation adopted as judgment of the court and for a decree to issue for the taxed sum. The court therefore allowed the application, entered judgment in favour of the applicant for the sum certified in the certificate of taxation, and ordered that a decree do issue forthwith.
Court Disposition
application allowed; judgment entered for applicant in terms of certificate of taxation
Orders
- Judgment entered in favour of the applicant/advocate in the sum of Kshs 164,168 as per the certificate of taxation dated May 13, 2021.
- Decree for the said sum to issue forthwith.
Full Case Text
Judgment text and source record
22 paragraphs
Mauwa & Company Associates v Nyamiobo (Miscellaneous Application E019 of 2020) [2022] KEHC 15534 (KLR) (17 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15534 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E019 of 2020
RE Aburili, J
November 17, 2022
Between
Mauwa & Company Associates
Applicant
and
Paul Nyamiobo
Respondent
(Arising from Kisumu Chief Magistrate Civil Suit No 314 of 2019)
Ruling
1. The advocate/client bill of costs was taxed on May 13, 2021. There is no reference filed challenging the said taxed costs. The applicant/advocate seeks for adoption of the certificate of taxation as judgment of this court and for decree to issue.
2. I find no reason for delaying the matter as the applicant upon obtaining decree shall be required to serve the same upon the respondent seeking for settlement.
3. I allow the application dated June 21, 2021 and enter judgment in favour of the applicant/advocate in terms of the certificate of taxation dated May 13, 2021 in the sum of Kshs 164,168/= and order that decree for the said sum do issue forthwith.
4. Each party shall bear their own costs of this application.
5. Matter closed save for execution. However, the applicant is required to serve the respondent with decree and certificate of costs demanding for settlement before enforcement.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17THDAY OF NOVEMBER, 2022. RE ABURILIJUDGE