[2024] KEHC 15337 (KLR)

[2024] KEHC 15337 (KLR)

The court found that there was no opposition to the application for entry of judgment, no reference challenging the taxation, and no dispute as to retainer. Accordingly, the applicant was entitled to judgment in the sum certified in the certificate of costs, with interest at 14% per annum from one month after the...

Source-derived case information.

Citation
[2024] KEHC 15337 (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 E092 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant as per certificate of costs with interest; directions on service and execution; each party to bear own costs
Judges
RE Aburili
Legal Topics
Taxation of Costs, Advocate Client Bill of Costs, Entry of Judgment, Interest on Costs
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Advocate Client Bill of Costs Entry of Judgment Interest on Costs

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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. 1 Whether judgment should be entered in favour of the applicant in terms of the certificate of taxed costs.
  2. 2 Whether interest is payable on the taxed costs from one month after the date of taxation until payment in full.
  3. 3 Whether there is any dispute as to retainer or challenge to the taxation.

Ratio Decidendi

The court found that there was no opposition to the application for entry of judgment, no reference challenging the taxation, and no dispute as to retainer. Accordingly, the applicant was entitled to judgment in the sum certified in the certificate of costs, with interest at 14% per annum from one month after the date of taxation until payment in full. The court further directed that the applicant serve the decree and notice of entry of judgment on the respondent, granting the respondent 14 days to settle before execution proceedings could be commenced. Each party was ordered to bear its own costs of the application.

Court Disposition

application allowed; judgment entered for applicant as per certificate of costs with interest; directions on service and execution; each party to bear own costs

Orders

  • Judgment entered for the applicant/advocate in the sum of Kshs.349,698 as per certificate of costs dated 5th April 2024 with interest at 14% per annum from one month after the date of taxation on 23rd October 2023 until payment in full.
  • Decree to issue.