[2015] KEHC 2749 (KLR)
The court found that the certificate of taxation issued on 1st March 2011 for Kshs.1,826,551 was not challenged by way of reference, making it final and conclusive as to the amount due. Given the prolonged non-payment and absence of any opposition, the applicant was entitled to interest on the taxed costs at the...
Source-derived case information.
- Citation
- [2015] KEHC 2749 (KLR)
- Parties
- Applicant: Omagwa Angima; Respondent: Japhet Noti Charo
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 9a of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Interest on Taxed Costs
- Outcome
- application allowed
- Judges
- OA Angote
- Legal Topics
- Taxation of Costs, Interest on Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omagwa Angima
Applicant
Japhet Noti Charo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Interest on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to interest on the taxed costs at the rate of 14% per annum from the date of taxation until full payment.
- 2 Whether the absence of a reference against the taxing master's decision entitles the applicant to the orders sought.
Ratio Decidendi
The court found that the certificate of taxation issued on 1st March 2011 for Kshs.1,826,551 was not challenged by way of reference, making it final and conclusive as to the amount due. Given the prolonged non-payment and absence of any opposition, the applicant was entitled to interest on the taxed costs at the rate of 14% per annum from the date of taxation until full payment. The application was therefore allowed as prayed.
Court Disposition
application allowed
Orders
- Interest is to be paid on the taxed costs at the rate of 14% per annum from the date of taxation until full payment.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MALINDI
ELC MISC. APP NO. 9A OF 2010
OMAGWA ANGIMA
=VERSUS=
JAPHET NOTI CHARO
1. What is before me is the Application by the Applicant dated 5th November 2014 seeking for the following orders:
(b) That interest is paid on the taxed costs at the rate of 14% per annum from the date of taxation full payment.
2. The Application is premised on the ground that the costs reflects the court's final determination of the amount due; that no reference was filed to challenge the taxing masters decision and that the costs are long overdue.
3. It is not in dispute that on 1st March 2011, a certificate of taxation was issued in this matter for Kshs.1,826,551.
4. In the circumstances, I allow the Application dated 5th November 2015 as prayed.
O. A. Angote
Judge