[2023] KEHC 23488 (KLR)

[2023] KEHC 23488 (KLR)

The court held that the applicant had complied with all procedural requirements by serving the bill of costs and demand notice, and the respondent failed to settle the certified amount or participate in the proceedings. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum...

Source-derived case information.

Citation
[2023] KEHC 23488 (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 E059 of 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for certified costs, interest, and further costs
Judges
DKN Magare
Legal Topics
Taxation of Costs, Advocate Remuneration, Entry of Judgment, Certificate of Costs
Source Language
en
Civil Procedure Taxation of Costs Advocate Remuneration Entry of Judgment Certificate of Costs

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Parties

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

Applicant

Trident Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Civil 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 accrue on the certified costs from the expiry of the statutory period under the Advocates Remuneration Rules.
  3. 3 Whether the respondent's failure to participate or settle the amount warrants entry of judgment.

Ratio Decidendi

The court held that the applicant had complied with all procedural requirements by serving the bill of costs and demand notice, and the respondent failed to settle the certified amount or participate in the proceedings. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified by the taxing officer. The court further held that interest on the certified costs is payable from the expiry of 30 days after service of the demand, in accordance with Rule 7 of the Advocates Remuneration Order. The absence of any challenge or objection from the respondent justified the entry of judgment as sought by the applicant.

Court Disposition

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

Orders

  • Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated March 9, 2023 for Kshs 117,360.
  • Costs of Kshs 25,000 payable within 30 days.