[2025] KEHC 2762 (KLR)

[2025] KEHC 2762 (KLR)

The court found that the applicant was entitled to judgment on the basis of the certificate of costs dated 5th August, 2024, as there was no evidence that the certificate had been set aside or varied. The court relied on the principle that a certificate of costs, once issued and not challenged, is conclusive and...

Source-derived case information.

Citation
[2025] KEHC 2762 (KLR)
Parties
Applicant: Clifford Otieno Obiero t/a C Obiero & Associate Advocates; Respondent: County Secretary, County Government of Kisumu; Respondent: CEC Finance, County Government of Kisumu; Respondent: County Government of Kisumu
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous E135 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Motion for Judgment on Certificate of Costs
Outcome
judgment entered for the applicant as prayed; file closed
Judges
A Mabeya
Legal Topics
Certificate of Costs, Judgment Entry, Taxation of Costs
Source Language
en
Civil Procedure Certificate of Costs Judgment Entry Taxation of Costs

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Parties

Clifford Otieno Obiero t/a C Obiero & Associate Advocates

Applicant

County Secretary, County Government of Kisumu

Respondent

CEC Finance, County Government of Kisumu

Respondent

County Government of Kisumu

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Motion for Judgment on Certificate of Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment on the basis of a certificate of costs that has not been set aside or varied.

Ratio Decidendi

The court found that the applicant was entitled to judgment on the basis of the certificate of costs dated 5th August, 2024, as there was no evidence that the certificate had been set aside or varied. The court relied on the principle that a certificate of costs, once issued and not challenged, is conclusive and enforceable. Accordingly, judgment was entered in favor of the applicant as prayed.

Court Disposition

judgment entered for the applicant as prayed; file closed

Orders

  • Judgment is entered in favor of the applicant as prayed in the motion dated 18th September, 2024.
  • The file is closed.