[2019] KEHC 2648 (KLR)
The court found that the Certificate of Taxation for advocate/client costs had not been challenged by reference or objection within the statutory period. The respondent, though served, did not appear or oppose the application. In the absence of any challenge, and with the period for reference having lapsed, the...
Source-derived case information.
- Citation
- [2019] KEHC 2648 (KLR)
- Parties
- Applicant: Odhiambo Owiti & Company Advocate; Respondent: Dominion Farm Ltd
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 4 of 2019
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for applicant
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odhiambo Owiti & Company Advocate
Applicant
Dominion Farm Ltd
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the Certificate of Taxation for advocate/client costs should be adopted as a judgment of the court.
- 2 Whether there is any valid objection or reference challenging the Certificate of Taxation.
Ratio Decidendi
The court found that the Certificate of Taxation for advocate/client costs had not been challenged by reference or objection within the statutory period. The respondent, though served, did not appear or oppose the application. In the absence of any challenge, and with the period for reference having lapsed, the court held that the application was merited. Accordingly, judgment was entered for the applicant in the sum certified in the Certificate of Taxation, together with interest at 14% per annum from the date of certification until payment in full. The court further exercised its discretion to order that each party bear their own costs for the application to avoid further escalation of...
Court Disposition
judgment for applicant
Orders
- Judgment entered for the applicant/advocate in the sum of KShs.538,651 as per the Certificate of Taxation dated 15.5.2019.
- Interest awarded at 14% per annum from 15.5.2019 until payment in full.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLANEOUS CIVIL APPLICATION NO. 4 OF 2019
ODHIAMBO OWITI & COMPANY ADVOCATE...................................APPLICANT
VERSUS
DOMINION FARM LTD..........................................................................RESPONDENT
JUDGMENT
1. The Notice of Motion dated 2. 10. 2019 seeks for adoption of the Certificate of costs certifying Advocate/Client costs at KShs.538,651 on 15. 5.2019, by the Deputy Registrar of the Court.
2. The Respondents were served as per the affidavit of service dated 23rd October 2019 but have not appeared to oppose the application
3. The costs arise from the Professional Legal Services rendered by the Advocate/Applicant to the Respondent/Client in Siaya PMCC No. 63 of 2017.
4. There is no Reference or objection filed to this Court challenging the Certificate of Taxation of costs. That being the case, and as the period for lodging a Reference has lapsed, I find the application merited.
5. I grant the prayers sought and enter judgment for the Applicant/Advocate in terms of the Certificate of Taxation dated 15. 5.2019 in the sum of KShs.538,651 together with interest thereon at 14% p.a. from 15. 5.2019 until payment in full. Decree to issue.
6. To avoid escalation of further costs and to bring this litigation to an end, I order that each party shall bear their own costs of this application dated 2. 10. 2019.
Dated, Signed and delivered this 6th day of November, 2019.
R.E. ABURILI
JUDGE
In the presence of:
Miss Osewe Advocate for the Applicant Advocate
N/A for the Respondent
CA: Winnie and Modestar