[2023] KEHC 18252 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of taxation, since the respondents had been duly served but failed to object or file submissions. The court applied Rule 7 of the Advocate Remuneration Order 2014, which allows for entry of judgment on a...
Source-derived case information.
- Citation
- [2023] KEHC 18252 (KLR)
- Parties
- Applicant: Boniface Kimita Muri; Respondent: Pleasant View Schools Limited; Respondent: Samwel Kimani Ngigi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 477 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs plus interest; no order as to costs on the application
- Judges
- JN Mulwa
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Kimita Muri
Applicant
Pleasant View Schools Limited
Respondent
Samwel Kimani Ngigi
Respondent
Procedural Posture
Civil Appeal / 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 taxation.
- 2 Whether interest at 14% per annum should be awarded from the date of filing the application until payment in full.
- 3 Whether the respondents' failure to oppose the application affects the outcome.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of taxation, since the respondents had been duly served but failed to object or file submissions. The court applied Rule 7 of the Advocate Remuneration Order 2014, which allows for entry of judgment on a certificate of taxation where there is no valid objection. The court further awarded interest at 14% per annum from the date of filing the application, being June 21, 2022, until payment in full. No order was made as to costs on the application.
Court Disposition
application allowed; judgment entered for applicant for taxed costs plus interest; no order as to costs on the application
Orders
- Judgment is entered for the applicant against the respondents in the sum of Kshs 75,430 plus interest at 14% per annum from June 21, 2022 until payment in full.
- No order as to costs on the application.
Full Case Text
Judgment text and source record
23 paragraphs
Muri v Pleasant View Schools Limited & another (Civil Appeal 477 of 2017) [2023] KEHC 18252 (KLR) (Civ) (8 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18252 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal 477 of 2017
JN Mulwa, J
June 8, 2023
Between
Boniface Kimita Muri
Applicant
and
Pleasant View Schools Limited
1st Respondent
Samwel Kimani Ngigi
2nd Respondent
Ruling
1. By an application dated May 26, 2022, the Applicant Boniface Kimita Muri seeks orders that judgment be entered in his favour against the Respondents in respect of the taxed costs and certificate of taxation dated 8/036/2021 in the sum of Kshs 75,430/- with interest thereon at the rate of 14% per annum from September 17, 2020 until payment in full.
2. Though served with both the Application and the Certificate of Taxation, the Respondents have not objected to either of the orders sought.
3. I have perused the Certificate of Taxation dated March 8, 2021. On the July 13, 2022, the application came up for hearing before this court. The Respondent was represented by Lusweti Advocate holding brief for Mugo who sought time to file a response to the application for which the court granted 14 days. The court further directed the parties to file submissions, which none of them filed. In the circumstances the Court is satisfied that the Respondent opted not to defend the application out of own volition.
4. Pursuant to Rule 7 of the Advocate Remuneration Order 2014, the court is satisfied that the applicant is deserving of the orders sought.
5. Consequently, the application dated May 26, 2022 is allowed.Judgment is therefore entered for the applicant against the respondents in the sum of Kshs 75,430/= plus interest at 14% effective from the date of filing of the application being the June 21, 2022 with no orders as to costs on the application.Order accordingly.
DELIVERED DATED AND SIGNED THIS 8TH DAY OF JUNE, 2023JANET MULWAJUDGE