[2023] KEHC 23441 (KLR)
The court found that the applicant had complied with all procedural requirements by serving the bill of costs and demand for fees, and the respondent failed to settle the certified amount or participate in the proceedings. Under section 51(2) of the Advocates Act and rule 7 of the Advocates Remuneration Rules, the...
Source-derived case information.
- Citation
- [2023] KEHC 23441 (KLR)
- Parties
- Applicant: Onyango Malombo & Robinson t/a OM Robinson & Co Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E060 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for certified costs with interest
- Judges
- DKN Magare
- Legal Topics
- Taxation of Costs, Advocate Remuneration, Entry of Judgment, Certificate of 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
Onyango Malombo & Robinson t/a OM Robinson & Co Advocates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant against the respondent for the sum certified in the certificate of costs.
- 2 Whether interest is payable on the certified costs from the date specified under the Advocates Remuneration Rules.
Ratio Decidendi
The court found that the applicant had complied with all procedural requirements by serving the bill of costs and demand for fees, and the respondent failed to settle the certified amount or participate in the proceedings. Under section 51(2) of the Advocates Act and rule 7 of the Advocates Remuneration Rules, the applicant was entitled to judgment for the sum certified in the certificate of costs. The court further held that interest was payable on the amount from the date specified, given the respondent's failure to pay within the statutory period. Accordingly, judgment was entered for the applicant for Kshs. 116,650/=, with interest as ordered.
Court Disposition
application allowed; judgment entered for applicant for certified costs with interest
Orders
- Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 17th April 2023 for Kshs. 116,650/=
- The amount of Kshs. 25,000/= to attract interest from the date of judgment.
Full Case Text
Judgment text and source record
23 paragraphs
Onyango Malombo & Robinson t/a OM Robinson & Co Advocates v Trident Insurance Company Limited (Miscellaneous Civil Application E060 of 2023) [2023] KEHC 23441 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23441 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Civil Application E060 of 2023
DKN Magare, J
October 6, 2023
Between
Onyango Malombo & Robinson t/a OM Robinson & Co Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. The Applicant herein filed an Application dated 4th July 2023 substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs. 116,650/= being the sum taxed and certified by the Deputy Registrar on 27th June 2023 as due to the Applicant with interest thereon.
2. Be it as may the Court has already assessed costs at a specific figure, that is, Kshs. 116,650/=.
3. The Application is expressed to be brought under section 51 (1) &(2) of the Advocates Act.
4. A notice for the Demand of fees was issued on 29th June, 2023. The 30 days required under rule 7 of the Advocates Remuneration Rulesexpired on 28th July, 2023. However, in spite of being served, the Respondent did not settle the amount.
5. As a fact after filing of the Notice of Motion dated 4th July, 2023, there does not appear to be active participation of the Respondent.
6. The Applicant has done his part, serving the bill of costs, and other processes.
7. I am unable to resist the urge to allow the Application. The said Application dated 4th July, 2023 is allowed.
Determination 8. I therefore make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 17th April 2023 for Kshs. 116,650/=.b.The amount 25,000/= to attract interest from the date of judgment hereof.c.Interest from 28/7/2023. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 6TH DAY OF OCTOBER, 2023. KIZITO MAGAREJUDGE**In the presence of:-Ms Malombo for Mr. MalomboNo appearance for RespondentCourt clerk- Brian