[2024] KEHC 15243 (KLR)
The court found that the respondent had not filed any reference challenging the taxation or disputed the retainer, and therefore the applicant was entitled to judgment for the taxed costs as per the certificate of costs. However, since the applicant did not provide evidence to justify interest running from 6th...
Source-derived case information.
- Citation
- [2024] KEHC 15243 (KLR)
- Parties
- Applicant: Mbugua Atudo & Macharia Advocates; Respondent: Kenya Alliance Insurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E093 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for applicant on taxed costs with interest; each party to bear own costs of application
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbugua Atudo & Macharia Advocates
Applicant
Kenya Alliance Insurance Co. Ltd
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 costs.
- 2 Whether interest should be awarded on the taxed sum, and from what date.
- 3 Whether the respondent has challenged the taxation or the retainer.
Ratio Decidendi
The court found that the respondent had not filed any reference challenging the taxation or disputed the retainer, and therefore the applicant was entitled to judgment for the taxed costs as per the certificate of costs. However, since the applicant did not provide evidence to justify interest running from 6th November 2018, interest was awarded at 14% per annum from 23rd November 2023, being one month after the date of taxation. The court ordered that a decree issue, and that notice of entry of judgment and the decree be served on the respondent, granting 14 days to settle before execution. Each party was ordered to bear their own costs of the application.
Court Disposition
judgment for applicant on taxed costs with interest; each party to bear own costs of application
Orders
- Judgment entered for Kshs.280,080 as taxed vide certificate of costs dated 5th April 2024.
- Interest at 14% per annum from 23rd November 2023 until payment in full.
Full Case Text
Judgment text and source record
21 paragraphs
Mbugua Atudo & Macharia Advocates v Kenya Alliance Insurance Co. Ltd (Miscellaneous Application E093 of 2023) [2024] KEHC 15243 (KLR) (28 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15243 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E093 of 2023
RE Aburili, J
November 28, 2024
Between
Mbugua Atudo & Macharia Advocates
Applicant
and
Kenya Alliance Insurance Co. Ltd
Respondent
Ruling
1. The Respondent was served with the application dated 28th May 2024 and hearing notice for today. They are absent and have not filed any response. They have also not filed any reference challenging taxation and neither is there any dispute as to retainer.
2. I enter judgment for Kshs.280,080 as taxed vide certificate of costs dated 5th April 2024 with interest at 14% p.a from 23rd November 2023, one month after taxation as the Applicant never filed evidence to warrant interest to run from 6th November 2018 as prayed.
3. Decree to issue.
4. Notice of entry of judgment and the Decree to be served upon the respondent, giving it 14 days of date of service to settle before execution process can be initiated.
5. Each party to bear their own costs of the application dated 28th May 2024.
6. Mention on 16th January 2025 before the Deputy Registrar to confirm settlement. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE