[2023] KEHC 23443 (KLR)

[2023] KEHC 23443 (KLR)

The court found that the applicant had complied with all procedural requirements for entry of judgment on taxed costs: the bill of costs was taxed and certified by the Deputy Registrar, a demand for payment was served on the respondent, and the statutory 30-day period lapsed without settlement. The respondent did...

Source-derived case information.

Citation
[2023] KEHC 23443 (KLR)
Parties
Applicant: Onyango Malombo & Robison 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 E058 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed costs, interest, and further costs
Judges
DKN Magare
Legal Topics
Taxation of Costs, Advocates Remuneration, Certificate of Costs, Judgment Entry
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Advocates Remuneration Certificate of Costs Judgment Entry

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Parties

Onyango Malombo & Robison 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. 1 Whether the applicant is entitled to judgment for the taxed and certified costs against the respondent.
  2. 2 Whether interest should accrue from the expiry of the 30-day demand 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 found that the applicant had complied with all procedural requirements for entry of judgment on taxed costs: the bill of costs was taxed and certified by the Deputy Registrar, a demand for payment was served on the respondent, and the statutory 30-day period lapsed without settlement. The respondent did not contest the application or raise any dispute as to retainer or the amount due. Accordingly, under Section 51(2) of the Advocates Act and Rule 7 of the Advocates Remuneration Rules, the applicant was entitled to judgment for the certified sum, with interest accruing from the expiry of the 30-day period after demand. The court therefore entered judgment for the applicant for...

Court Disposition

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

Orders

  • Judgment entered for the applicant against the respondent for Kshs 207,775 as per the Certificate of Costs dated April 17, 2023.
  • Interest on the said amount to apply from July 28, 2023.