[2023] KEHC 22558 (KLR)
The court found that there was no opposition to the application, no issue of retainer was raised, and no reference was pending. The applicant had served the respondent with an itemised bill of costs on May 9, 2018. The certificate of costs issued on March 4, 2021 was therefore adopted as the judgment of the court....
Source-derived case information.
- Citation
- [2023] KEHC 22558 (KLR)
- Parties
- Applicant: Odhiambo Owiti & Co Advocates; Respondent: Kenya Orient Insurance Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 183 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
- Outcome
- application allowed; certificate of costs adopted as judgment; interest awarded; each party to bear own costs
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Costs, 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 Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs issued on March 4, 2021 should be adopted as a judgment of the court.
- 2 Whether the applicant is entitled to interest at 14% per annum from June 10, 2018 until payment in full.
- 3 Whether there is any opposition or pending reference to the taxed costs.
Ratio Decidendi
The court found that there was no opposition to the application, no issue of retainer was raised, and no reference was pending. The applicant had served the respondent with an itemised bill of costs on May 9, 2018. The certificate of costs issued on March 4, 2021 was therefore adopted as the judgment of the court. Judgment was entered for the applicant in the sum of Kshs 168,372.50 together with interest at 14% per annum from June 10, 2018 until payment in full. Each party was ordered to bear their own costs of the application. The ruling was also to apply, with necessary modifications, to related matters between the same parties.
Court Disposition
application allowed; certificate of costs adopted as judgment; interest awarded; each party to bear own costs
Orders
- Certificate of costs issued on March 4, 2021 in the sum of Kshs 168,372.50 is adopted as judgment of the court.
- Judgment entered for the applicant/advocate against the respondent/client in the sum of Kshs 168,372.50 together with interest at 14% per annum from June 10, 2018 until payment in full.
Full Case Text
Judgment text and source record
24 paragraphs
Odhiambo Owiti & Co Advocates v Kenya Orient Insurance Limited (Miscellaneous Civil Application 183 of 2020) [2023] KEHC 22558 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22558 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 183 of 2020
RE Aburili, J
September 21, 2023
Between
Odhiambo Owiti & Co Advocates
Applicant
and
Kenya Orient Insurance Limited
Respondent
(Arising from professional services rendered by the Applicant for the Respondent in the Original Kisumu CMCC No. 325 of 2013)
Ruling
1. The application dated May 31, 2021 seeks for orders adopting the certificate of costs issued on March 4, 2021 as judgment of this court on the taxed advocate/client bill of costs and that decree do issue for Kshs 168,372. 50.
2. The Applicant also prays for interest thereon at 14% p.a from June 10, 2018 until payment in full and cost of the application which is supported by the affidavit sworn by Kennedy O Owiti Advocate.
3. There is no Replying Affidavit opposing the application. No issue of retainer is raised and no Reference is pending determination.
4. Accordingly, the application dated May 31, 2021 is allowed. I adopt the certificate of costs issued on February 4, 2021 in the sum of 168,372. 50 and enter judgment for the Applicant/Advocate against the Respondent/Client in the sum of Kshs 168,372. 50 together with interest thereon at 14% p.a from June 10, 2018 until payment in full as the client was served with an itemised bill of costs by the advocate on May 9, 2018.
5. Each party to bear their own costs of the application dated May 31, 2021.
6. This Ruling to apply to HC Misc Application Nos 184, 185 and 186 of 2020 with necessary modifications as to the amounts/sums of taxed costs due.
7. Decree to issue in all the matters in the series between the same parties.
8. Mention before the Deputy Registrar on October 25, 2023 to confirm settlement of the decrees in each of the series files.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE