[2023] KEHC 27248 (KLR)
The court found that the applicant had complied with the requirements of Section 51(2) of the Advocates Act by serving the bill of costs and obtaining a certificate of costs from the Deputy Registrar. There was no evidence that the respondent had challenged or sought to set aside the certificate of costs. The court...
Source-derived case information.
- Citation
- [2023] KEHC 27248 (KLR)
- Parties
- Applicant: Mwaniki Gitau & Co. Advocates; Respondent: Esna Ahmed Omar
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E169 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest
- Judges
- DKN Magare
- Legal Topics
- Taxation of Costs, Certificate of Costs, Entry of Judgment, Advocates Act Section 51
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwaniki Gitau & Co. Advocates
Applicant
Esna Ahmed Omar
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant for the sum certified in the certificate of costs.
- 2 Whether interest should be awarded on the taxed costs from the date of certification.
Ratio Decidendi
The court found that the applicant had complied with the requirements of Section 51(2) of the Advocates Act by serving the bill of costs and obtaining a certificate of costs from the Deputy Registrar. There was no evidence that the respondent had challenged or sought to set aside the certificate of costs. The court held that, in the absence of any objection or participation by the respondent, it was proper to enter judgment for the applicant for the sum certified in the certificate of costs. The court further awarded interest on the taxed costs effective from the date of certification. The application was therefore allowed as prayed.
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest
Orders
- Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 24th May 2023 for Kshs. 194,278.80.
- Interest on the sum of Kshs. 194,278.80 is awarded effective 24th May 2023.
Full Case Text
Judgment text and source record
22 paragraphs
Mwaniki Gitau & Co. Advocates v Omar (Miscellaneous Application E169 of 2021) [2023] KEHC 27248 (KLR) (14 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27248 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application E169 of 2021
DKN Magare, J
December 14, 2023
Between
Mwaniki Gitau & Co. Advocates
Applicant
and
Esna Ahmed Omar
Respondent
Ruling
1. The Applicant herein filed an Application dated 20th July 2023 substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs. 194,278. 80/= being the sum taxed and certified by the Deputy Registrar on 24th May 2023 as due to the Applicant with interest thereon.
2. Be it as may the Court has already assessed costs at a specific figure, that is Kshs. 194,278. 80/=.
3. The Application is expressed to be brought under Section 51 (1) & (2) of the Advocates Act.
4. As a fact after filing of the Notice of Motion dated 20th July 2023, there does not appear to be active participation of the Respondent.
5. The Applicant has done his part, serving the bill of costs, and other processes.
6. I am unable to resist the urge to allow the Application. The said Application dated 20th July 2023 is allowed.
Determinationa.I therefore make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 24th May 2022 for Kshs. 194,278. 80/=.b.Interest thereon is awarded effective 24th May 2023. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 14TH DAY OF DECEMBER, 2023KIZITO MAGAREJUDGEIn the presence of:-Cynthia Ergo for the ApplicantNo appearance for the Respondent