[2023] KEHC 22826 (KLR)
The court found that the applicant had demonstrated entitlement to the taxed costs as per the certificate of costs dated February 15, 2023, amounting to Kshs 863,459.20. The respondent failed to oppose the application or present any evidence to the contrary. In the absence of opposition and based on the evidence...
Source-derived case information.
- Citation
- [2023] KEHC 22826 (KLR)
- Parties
- Applicant: Mbugua, Atudo and Macharia Advocates; Respondent: Kenya Alliance Insurance Co Ltd
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E022 of 2023
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant as prayed
- Judges
- DO Ogembo
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Costs, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mbugua, Atudo and Macharia Advocates
Applicant
Kenya Alliance Insurance Co Ltd
Respondent
Procedural Posture
Miscellaneous Civil Case / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed advocate-client costs as per the certificate of costs.
- 2 Whether interest at 14% per annum from February 19, 2020, until payment in full should be awarded.
- 3 Whether the respondent's failure to oppose the application affects the outcome.
Ratio Decidendi
The court found that the applicant had demonstrated entitlement to the taxed costs as per the certificate of costs dated February 15, 2023, amounting to Kshs 863,459.20. The respondent failed to oppose the application or present any evidence to the contrary. In the absence of opposition and based on the evidence presented, the court allowed the application and entered judgment as prayed, including interest at 14% per annum from February 19, 2020, until payment in full, and awarded the applicant costs of the suit and the application.
Court Disposition
application allowed; judgment entered for applicant as prayed
Orders
- Judgment entered for the applicant for Kshs 863,459.20 as taxed costs.
- Interest at 14% per annum from February 19, 2020, until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
Mbugua, Atudo and Macharia Advocates v Kenya Alliance Insurance Co Ltd (Miscellaneous Civil Case E022 of 2023) [2023] KEHC 22826 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22826 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Civil Case E022 of 2023
DO Ogembo, J
September 21, 2023
Between
Mbugua, Atudo And Macharia Advocates
Applicant
and
Kenya Alliance Insurance Co Ltd
Respondent
Ruling
1. This matter comes up before court for the Application of the applicant, Mbugua, Atudo and Macharia Advocates dated May 19, 2023. The application basically seeks that judgement be entered at Kshs 863,459. 20/= for the taxed Advocate - client costs as contained in the certificate of costs dated February 15, 2023 with interest herein at 14% per annum with effect from February 19, 2020 until payment in full. The application is supported by an affidavit of Pinto Nelson Atudo, Advocate.
2. This application was served on the Respondent who otherwise failed to file any response to the application not to appear before court on the date fixed for hearing of the application. The application was therefore unopposed.
3. I have considered the application and the Affidavit in support of the same. I have also considered the submissions made by learned counsel for the plaintiff in court on July 19, 2023.
4. The applicant has exhibited an itemized bill of costs dated July 22, 2023 and a certificate of costs dated February 15, 2023 showing the bill taxed at Kshs 863,459. 20/=. Same is dated February 15, 2023.
5. In the absence of any evidence to the contrary, I am convinced that the application of the applicant has merit; I allow the same and enter judgement as prayed in terms of Prayer I of the Application dated May 19, 2023. The applicant will also get costs of this suit and of this application.Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21STDAY OF SEPTEMBER, 2023D.O. OGEMBOJUDGE9. 2023Court:Ruling read out in Open court.Both parties are absent.D.O. OGEMBOJUDGE