[2024] KEHC 5127 (KLR)
The court found that the certificate of costs dated February 1, 2024, was issued following proceedings that were erroneous in principle and not properly supported. As a result, the application to adopt the certificate as a judgment was struck out. The court set aside the taxation and certificate of costs and...
Source-derived case information.
- Citation
- [2024] KEHC 5127 (KLR)
- Parties
- Applicant: Ogejo, Omboto & Kijala Advocates, LLP; Respondent: United Millers Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E090 of 2023
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application to Adopt Certificate of Costs as Judgment
- Outcome
- Application struck out; certificate of costs and taxation set aside; matter remitted for interpartes taxation.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Certificate of Costs, Setting Aside Orders
- 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
Ogejo, Omboto & Kijala Advocates, LLP
Applicant
United Millers Limited
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs dated February 1, 2024, should be adopted as a judgment of the court.
- 2 Whether the proceedings leading to the issuance of the certificate of costs were proper and supported.
- 3 Whether the application dated May 7, 2024, is competent given the status of the certificate of costs.
Ratio Decidendi
The court found that the certificate of costs dated February 1, 2024, was issued following proceedings that were erroneous in principle and not properly supported. As a result, the application to adopt the certificate as a judgment was struck out. The court set aside the taxation and certificate of costs and directed that the matter be remitted to the Deputy Registrar for interpartes taxation, ensuring that the identified procedural pitfalls are addressed. The decision underscores the necessity for proper and fair taxation proceedings before a certificate of costs can be adopted as a judgment of the court.
Court Disposition
Application struck out; certificate of costs and taxation set aside; matter remitted for interpartes taxation.
Orders
- The application dated May 7, 2024 is struck out.
- The taxation and certificate of costs dated February 1, 2024 is set aside.
Full Case Text
Judgment text and source record
19 paragraphs
Ogejo, Omboto & Kijala Advocates, Llp v United Millers Limited (Miscellaneous Civil Application E090 of 2023) [2024] KEHC 5127 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5127 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E090 of 2023
RE Aburili, J
May 9, 2024
Between
Ogejo, Omboto & Kijala Advocates, Llp
Applicant
and
United Millers Limited
Respondent
(Arising from the professional services rendered by the Applicant to the Respondent in the original Kisumu HC Constitutional Petition No. E004 of 2020)
Ruling
1. I have considered the application dated May 7, 2024 under certificate of urgency. I decline to certify it as urgent.
2. Having called upon counsel for the advocate/applicant Mr. Okwemba who attended court virtually and pointing out to him the pitfalls in this matter, I now proceed to determine as follows:1. That the proceedings leading to the issuance of the certificate of costs dated February 1, 2024 which is sought to be adopted as judgment of this court are erroneous in principle.2. That the application dated May 7, 2024 is struck out as it is anchored on an erroneous certificate of costs which was not supported.3. That the taxation and certificate of costs dated February 1, 2024 is hereby set aside.4. That the file is remitted to the Deputy Registrar for interpartes taxation taking into account the pitfalls pointed out in this Ruling.5. Mention before the Deputy Registrar on June 6, 2024 for directions.
3. Ruling to be typed and uploaded on the CTS.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE