[2024] KEHC 11164 (KLR)

[2024] KEHC 11164 (KLR)

The court held that, in the absence of any objection or response from the respondent to the certificates of taxation or the applications for judgment, the applicant was entitled to judgment for the amounts certified in the certificates of taxation for each of the three consolidated matters. The court further held...

Source-derived case information.

Citation
[2024] KEHC 11164 (KLR)
Parties
Applicant: Mbai Waweru Advocates; Respondent: Pacis Insurance Company Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E347 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
Judgment entered for the applicant in the sums certified in the certificates of taxation for each application, with interest at 14% per annum from the specified dates until payment in full. No orders as to costs.
Judges
JN Mulwa
Legal Topics
Taxation of Costs, Certificate of Taxation, Judgment on Taxed Costs
Source Language
en
Civil Procedure Taxation of Costs Certificate of Taxation Judgment on Taxed Costs

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Parties

Mbai Waweru Advocates

Applicant

Pacis Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for the amounts certified in the certificates of taxation.
  2. 2 Whether interest at 14% per annum is payable from the specified dates until payment in full.
  3. 3 Whether the respondent's failure to respond affects the grant of the orders sought.

Ratio Decidendi

The court held that, in the absence of any objection or response from the respondent to the certificates of taxation or the applications for judgment, the applicant was entitled to judgment for the amounts certified in the certificates of taxation for each of the three consolidated matters. The court further held that interest at 14% per annum was payable from the specified dates in each certificate until payment in full, in accordance with the Advocates Act and the Advocates Remuneration Order. No orders were made as to costs for the motions, and the orders were to be placed in each of the three court files.

Court Disposition

Judgment entered for the applicant in the sums certified in the certificates of taxation for each application, with interest at 14% per annum from the specified dates until payment in full. No orders as to costs.

Orders

  • Judgment for the applicant in Misc. Application No. E347 of 2022 for the taxed sum with interest at 14% per annum from 5/12/2022 until payment in full.
  • Judgment for the applicant in Misc. Application No. E328 of 2022 for Kshs. 57,800 with interest at 14% per annum from 23/06/2023 until payment in full.