[2023] KEHC 23370 (KLR)

[2023] KEHC 23370 (KLR)

The court held that the applicant had complied with all procedural requirements by serving the bill of costs and demand for payment, and the respondent failed to settle the amount or participate in the proceedings. There was no dispute as to retainer or the amount certified by the Deputy Registrar. Accordingly,...

Source-derived case information.

Citation
[2023] KEHC 23370 (KLR)
Parties
Applicant: Onyango Malombo & Robinson t/a O.M Robinson & Co. Advocates; Respondent: Trident Insurance Company Limited
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E048 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for certified costs, interest, and additional costs
Judges
DKN Magare
Legal Topics
Taxation of Costs, Advocates Remuneration, Certificate of Costs, Judgment Entry
Source Language
en
Civil Procedure Taxation of Costs Advocates Remuneration Certificate of Costs Judgment Entry

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Parties

Onyango Malombo & Robinson t/a O.M Robinson & Co. Advocates

Applicant

Trident Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for the taxed and certified costs against the respondent.
  2. 2 Whether interest should be applied from the expiry of the 30-day period under Rule 7 of the Advocates Remuneration Rules.
  3. 3 Whether the respondent's lack of participation affects the applicant's entitlement to judgment.

Ratio Decidendi

The court held that the applicant had complied with all procedural requirements by serving the bill of costs and demand for payment, and the respondent failed to settle the amount or participate in the proceedings. There was no dispute as to retainer or the amount certified by the Deputy Registrar. Accordingly, under Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the certified costs. Interest was to accrue from the expiry of the 30-day period following service of the demand, as provided by Rule 7 of the Advocates Remuneration Rules. The court also awarded additional costs of Kshs 25,000 and granted a 30-day stay of execution.

Court Disposition

application allowed; judgment entered for applicant for certified costs, interest, and additional costs

Orders

  • Judgment is entered for the applicant against the respondent in the sum of Kshs 139,950 as per the Certificate of Costs dated April 17, 2023.
  • Interest to accrue from July 28, 2023.