[2022] KEHC 16967 (KLR)

[2022] KEHC 16967 (KLR)

The court found that the application for judgment in terms of the certificate of taxation was unopposed and that no reference had been filed to challenge the taxed amount. In accordance with the Advocates Remuneration Order and established practice, the court held that the applicant was entitled to judgment for the...

Source-derived case information.

Citation
[2022] KEHC 16967 (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 8 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment in Terms of Certificate of Taxation
Outcome
application allowed; judgment entered for applicant in terms of certificate of taxation
Judges
RE Aburili
Legal Topics
Taxation of Costs, Certificate of Taxation, Judgment Entry, Interest on Costs
Source Language
en
Civil Procedure Taxation of Costs Certificate of Taxation Judgment Entry Interest on Costs

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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 Taxation

Legal Issues

  1. 1 Whether judgment should be entered in terms of the certificate of taxation as sought by the applicant.
  2. 2 Whether the respondent's failure to file a reference challenging taxation entitles the applicant to judgment as prayed.
  3. 3 Whether interest at 14% per annum from November 15, 2022 is payable on the taxed sum.

Ratio Decidendi

The court found that the application for judgment in terms of the certificate of taxation was unopposed and that no reference had been filed to challenge the taxed amount. In accordance with the Advocates Remuneration Order and established practice, the court held that the applicant was entitled to judgment for the sum certified in the certificate of taxation. The court further granted interest at 14% per annum from November 15, 2022 until payment in full, as prayed. The court also ordered that each party bear their own costs of the application and granted a stay of execution for 30 days from the date of the ruling.

Court Disposition

application allowed; judgment entered for applicant in terms of certificate of taxation

Orders

  • Judgment entered for the applicant in the sum of Kshs 228,683 with interest at 14% per annum from November 15, 2022 until payment in full.
  • Decree to issue for the said sums.