[2024] KEHC 11730 (KLR)
The court found that the applicant's bill of costs had been taxed by the Deputy Registrar and a certificate of taxation issued for Kshs. 65,139.80. The respondent did not file any response or challenge to the application or the certificate of taxation. In the absence of any opposition or evidence to the contrary,...
Source-derived case information.
- Citation
- [2024] KEHC 11730 (KLR)
- Parties
- Applicant: Mbai Waweru Advocates; Respondent: Kenya Alliance Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E426 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs; respondent to pay costs of application
- Judges
- JM Nang'ea
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbai Waweru Advocates
Applicant
Kenya Alliance Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
- 2 Whether the respondent is liable for the costs of the application.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed by the Deputy Registrar and a certificate of taxation issued for Kshs. 65,139.80. The respondent did not file any response or challenge to the application or the certificate of taxation. In the absence of any opposition or evidence to the contrary, the court held that the applicant was entitled to judgment for the taxed sum as certified. The court further ordered that the costs of the application be borne by the respondent, as the application was unopposed and the applicant was successful.
Court Disposition
application allowed; judgment entered for applicant for taxed costs; respondent to pay costs of application
Orders
- Judgment is entered for the applicant against the respondent in the sum of Kshs. 65,139.80 as taxed costs.
- The respondent shall pay the costs of this application.
Full Case Text
Judgment text and source record
17 paragraphs
Mbai Waweru Advocates v Kenya Alliance Insurance Company Limited (Miscellaneous Application E426 of 2022) [2024] KEHC 11730 (KLR) (2 October 2024) (Ruling)
Neutral citation: [2024] KEHC 11730 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Miscellaneous Application E426 of 2022
JM Nang'ea, J
October 2, 2024
Between
Mbai Waweru Advocates
Applicant
and
Kenya Alliance Insurance Company Limited
Respondent
Ruling
1. This ruling follows the Applicant’s Notice of Motion dated 8th March 2024 seeking judgment against the Respondent in the sum of Kshs. 65,139. 80/- being taxed costs herein, and the costs of the application.
2. The Respondent has not filed a reply to the Motion. Having read the record, it is noted that the Deputy Registrar of this court taxed the Applicant’s Advocate/Client Bill of Costs dated 5/7/2022 filed on 11/1/2023 in the stated sum of Kshs. 65,139. 80. A certificate of Taxation of the costs dated 8th November 2023 was thereafter issued. In the circumstances, Judgment is entered accordingly and the costs of this application will be borne by the Respondent.
RuLING DELIVERED VIRTUALLY THIS 2ND DAY OF OCTOBER, 2024 IN THE PRESENCE OF:J. M. NANG’EA, JUDGE.The Applicant; Advocate,The Court Assistant,