[2022] KEHC 16957 (KLR)
The court found that the application was unopposed and that no reference had been filed to challenge the certificate of costs. In accordance with Section 51(2) of the Advocates Act, the court is empowered to enter judgment in terms of the certificate of costs where no reference is pending. The applicant was...
Source-derived case information.
- Citation
- [2022] KEHC 16957 (KLR)
- Parties
- Applicant: Odhiambo Owiti & Co. Advocates; Respondent: Dominion Farms Limited
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 3 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment in Terms of Certificate of Costs
- Outcome
- application allowed; judgment entered for applicant in terms of certificate of costs
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Certificate of Costs Enforcement, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odhiambo Owiti & Co. Advocates
Applicant
Dominion Farms Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment in Terms of Certificate of Costs
Legal Issues
- 1 Whether judgment should be entered in terms of the certificate of costs issued to the advocate.
- 2 Whether the applicant is entitled to interest at 14% per annum from the date specified.
- 3 Whether there is any opposition or reference challenging the taxed costs.
Ratio Decidendi
The court found that the application was unopposed and that no reference had been filed to challenge the certificate of costs. In accordance with Section 51(2) of the Advocates Act, the court is empowered to enter judgment in terms of the certificate of costs where no reference is pending. The applicant was therefore entitled to judgment for the sum certified, together with interest at the claimed rate from the specified date. The court also exercised its discretion regarding costs of the application and granted a stay of execution for 30 days.
Court Disposition
application allowed; judgment entered for applicant in terms of certificate of costs
Orders
- Judgment entered for the applicant in the sum of Kshs 516,478 with interest at 14% per annum from November 9, 2018 until payment in full.
- Decree to issue for the said sums.
Full Case Text
Judgment text and source record
23 paragraphs
Odhiambo Owiti & Co. Advocates v Dominion Farms Limited (Miscellaneous Civil Application 3 of 2019) [2022] KEHC 16957 (KLR) (29 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16957 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Civil Application 3 of 2019
RE Aburili, J
December 29, 2022
Between
Odhiambo Owiti & Co. Advocates
Applicant
and
Dominion Farms Limited
Respondent
Ruling
1. The application dated November 2, 2022 seeks for judgment to be entered in terms of the certificate of costs dated September 23, 2022 and that decree do issue for the sum of Kshs 516,478 with interest at 14% per annum from November 9, 2018 until payment in full, as profoma invoice dated October 9, 2018 was issued.
2. I have considered the application which also seeks for costs of the application and is supported by grounds and is supported by grounds and affidavit of Linda Agatha Advocate dated November 2, 2022.
3. As the application is unopposed and no reference was filed challenging the taxation, I hereby allow prayer No 1 of the application dated November 2, 2022.
4. I enter judgment for the advocate/applicant in the sum of Kshs. 516,478 with interest at 14% per annum from November 9, 2018 until payment thereof in full.
5. Decree to issue for the said sums.
6. Each party shall bear their own costs of the application dated November 2, 2022.
7. There is granted a stay of execution for 30 days from the date hereof.
8. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 29TH DAY OF DECEMBER, 2022RE ABURILIJUDGE