[2024] KEHC 15222 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs of Kshs.189,770 as there was no challenge to the certificate of costs, no reference filed, and no retainer dispute raised. Interest at 14% per annum was awarded from one month after the date of taxation, as there was no evidence that the...
Source-derived case information.
- Citation
- [2024] KEHC 15222 (KLR)
- Parties
- Applicant: Mbugua Atudo & Macharia Advocates; Respondent: Kenya Alliance Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E137 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment on Taxed Costs
- Outcome
- judgment entered for applicant for taxed costs and interest; each party to bear own costs of the application
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Entry of Judgment, 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 Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment for the taxed costs as certified.
- 2 Whether interest is payable on the taxed costs and from what date.
- 3 Whether there is any valid challenge to the certificate of costs or retainer.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs of Kshs.189,770 as there was no challenge to the certificate of costs, no reference filed, and no retainer dispute raised. Interest at 14% per annum was awarded from one month after the date of taxation, as there was no evidence that the fee note was served one month prior to 17th December 2020 as required by Rule 7 of the Advocates Remuneration Order. The respondent, having been served and failing to respond, could not resist entry of judgment. Each party was ordered to bear their own costs of the application.
Court Disposition
judgment entered for applicant for taxed costs and interest; each party to bear own costs of the application
Orders
- Judgment entered for the applicant/advocate against the respondent/client for Kshs.189,770 as taxed.
- Interest at 14% per annum from 12th November 2023 (one month after taxation) until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
Mbugua Atudo & Macharia Advocates v Kenya Alliance Insurance Company Limited (Miscellaneous Application E137 of 2022) [2024] KEHC 15222 (KLR) (28 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15222 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E137 of 2022
RE Aburili, J
November 28, 2024
Between
Mbugua Atudo & Macharia Advocates
Applicant
and
Kenya Alliance Insurance Company Limited
Respondent
Ruling
1. There is evidence of service of the hearing notice upon the Respondent in the Case tracking System.
2. There is no response filed to the application dated 2nd April 2024 seeking entry of Judgment in the sum of Kshs.189,770 as taxed on 12th October 2023.
3. I have considered the application dated 2nd April 2024, the grounds and supporting affidavit. The certificate of costs as issued on 12th October 2023 has not been challenged at all. There is no reference filed. No retainer dispute has arisen.
4. I enter Judgment for the Applicant/Advocate against the Respondent/Client herein in terms of the taxed costs of Kshs.189,770 together with interest from the date of taxation 12th November 2023 one month after taxation at 14% p.a as there is no evidence that the fee note was served one month before 17th December 2020 as stipulated in Rule 7 of the Advocates Remuneration Order.
5. Decree to issue and Notice of entry of Judgment and decree to be served upon the respondent giving 14 days of date of service to settle decree before execution is levied.
6. Each party to bear their own costs of the application dated 2nd April 2024.
7. Mention on 16th January 2025 before the Deputy Registrar to confirm settlement.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF NOVEMBER, 2024R. E. ABURILIJUDGE