[2024] KEHC 15338 (KLR)

[2024] KEHC 15338 (KLR)

The court found that the applicant was entitled to judgment on the taxed costs as per the certificate of costs dated 5th October 2023, since no reference had been filed to challenge the taxation. However, the applicant was not entitled to interest from 27th September 2018 as claimed, because there was no evidence of...

Source-derived case information.

Citation
[2024] KEHC 15338 (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 E111 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
judgment for applicant on taxed costs with interest from 26th May 2022
Judges
RE Aburili
Legal Topics
Taxation of Costs, Interest on Costs, Advocates Remuneration Order
Source Language
en
Civil Procedure Taxation of Costs Interest on Costs Advocates Remuneration Order

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 the applicant is entitled to judgment on the certificate of taxed costs.
  2. 2 Whether interest should accrue from the date claimed by the applicant or from a different date under the Advocates Remuneration Order.

Ratio Decidendi

The court found that the applicant was entitled to judgment on the taxed costs as per the certificate of costs dated 5th October 2023, since no reference had been filed to challenge the taxation. However, the applicant was not entitled to interest from 27th September 2018 as claimed, because there was no evidence of any demand prior to the filing and service of the Bill of Costs. In accordance with Rule 7 of the Advocates Remuneration Order, interest would accrue from 26th May 2022, being one month after service of the Bill of Costs upon the respondent. The court therefore entered judgment for the applicant for Kshs. 214,760 with interest at 14% per annum from 26th May 2022.

Court Disposition

judgment for applicant on taxed costs with interest from 26th May 2022

Orders

  • Judgment entered for the applicant for Kshs. 214,760 as per the certificate of costs dated 5th October 2023.
  • Interest at 14% per annum to accrue from 26th May 2022 until payment in full.