[2023] KEHC 792 (KLR)
The court held that since the advocate/client bill of costs was taxed inter partes, a certificate of taxation was issued, and no objection or reference was filed by the respondent, the applicant was entitled to judgment for the taxed sum. The court further found that the bill of costs was served on July 10, 2020,...
Source-derived case information.
- Citation
- [2023] KEHC 792 (KLR)
- Parties
- Applicant: Odhiambo Owiti & Co Advocates; Respondent: Kenya Orient Insurance Co
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E007 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment Following Taxation of Advocate Client Bill of Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest; each party to bear own costs of the application; execution stayed for 30 days post-service of decree
- Judges
- RE Aburili
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Odhiambo Owiti & Co Advocates
Applicant
Kenya Orient Insurance Co
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment Following Taxation of Advocate Client Bill of 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 is payable from August 9, 2020.
- 3 Whether there is any valid objection or reference challenging the taxation.
Ratio Decidendi
The court held that since the advocate/client bill of costs was taxed inter partes, a certificate of taxation was issued, and no objection or reference was filed by the respondent, the applicant was entitled to judgment for the taxed sum. The court further found that the bill of costs was served on July 10, 2020, and therefore interest at 14% per annum was payable from August 9, 2020, being one month after service. The application for judgment was a mere formality, as there was nothing left for the respondent to challenge at this stage. The court allowed the application, entered judgment for the applicant in the sum of Kshs 245,366 with interest at 14% per annum from August 9, 2020 until...
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest; each party to bear own costs of the application; execution stayed for 30 days post-service of decree
Orders
- Judgment entered for Odhiambo Owiti & Co Advocates against Kenya Orient Insurance Co for Kshs 245,366 as per the certificate of taxation dated December 21, 2021.
- Interest at 14% per annum from August 9, 2020 until payment in full to be paid on the taxed sum.
Full Case Text
Judgment text and source record
28 paragraphs
Odhiambo Owiti & Co Advocates v Kenya Orient Insurance Co (Miscellaneous Civil Case E007 of 2021) [2023] KEHC 792 (KLR) (15 February 2023) (Ruling)
Neutral citation: [2023] KEHC 792 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Civil Case E007 of 2021
RE Aburili, J
February 15, 2023
Between
Odhiambo Owiti & Co Advocates
Applicant
and
Kenya Orient Insurance Co
Client
Ruling
1. I have considered the applicant/advocate’s application dated January 25, 2023, the grounds, the supporting affidavit and annextures.
2. I have also considered the oral arguments by Ms Winnie Anuro Advocate for the applicant.
3. I observe that the matter relates to advocate/client bill of costs which was taxedinter partes vide ruling of December 21, 2021 by Hon M Mwangi, Deputy Registrar and a certificate of taxation issued on the same day.
4. I further observe that there is no objection to taxation filed and that no reference pursuant to paragraph 11 of the Advocates Remuneration Order was filed before this court to challenge the said taxation.
5. The application herein though served upon the respondents is a mere formality for this court to enter judgment and issue decree thereof for enforcement by the applicant, to recover the taxed costs.
6. The respondent would in essence have nothing useful to challenge at this stage.
7. I am also satisfied that before taxation, thereof, the advocate/client itemized bill of costs was served upon the respondent on July 10, 2020 as per annexture No 3a annexed to the affidavit of Monica Otieno sworn on January 26, 2023. That forms the basis for seeking for an order that the interest of 14% per annum be paid from August 9, 2020.
8. For the above reasons, I am satisfied that the application dated January 25, 2023 by way of notice of motion is merited. It is hereby allowed.
9. I enter judgment for the applicant advocate Ms Odhiambo Owiti & Co Advocates against the client Kenya Orient Insurance Company Limited as per the certificate of taxation issued on December 21, 2021 in the sum of Kshs 245,366/= together with interest thereto at the rate of 14% per annum from August 9, 2020 until payment in full. Decree to issue forthwith.
10. In order not to escalate the issue of costs and to bring this matter to closure, I hereby order that each party shall bear their own costs of this application dated January 25, 2023.
11. I so order that the matter is closed save for execution process to follow.
12. I however direct that before such application for execution is made, the applicant shall first serve copy of this ruling and decree upon the respondent giving them 30 days to settle and only in default should the court issue warrants of attachment or execution of decree by whatever mode the applicate may seek from the court.
13. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF FEBRUARY, 2023R.E. ABURILIJUDGE