[2023] KEHC 23440 (KLR)
The court found 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 costs within the statutory 30-day period. In the absence of any opposition or participation by the respondent, and with the certificate of...
Source-derived case information.
- Citation
- [2023] KEHC 23440 (KLR)
- Parties
- Applicant: Onyango Malombo & Robison t/a OM Robinson & Co Advocates; Respondent: Trident Insurance Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E077 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 on Certified Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onyango Malombo & Robison t/a OM Robinson & Co Advocates
Applicant
Trident Insurance Limited
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant for the sum taxed and certified by the Deputy Registrar.
- 2 Whether the respondent failed to settle the certified costs within the statutory period after service of demand.
Ratio Decidendi
The court found 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 costs within the statutory 30-day period. In the absence of any opposition or participation by the respondent, and with the certificate of costs being unchallenged, the court was satisfied that judgment should be entered for the applicant for the certified sum, together with interest and costs as provided by law.
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 April 17, 2023 for Kshs. 703,653.01.
- Costs of Kshs. 35,000 payable within 30 days.
Full Case Text
Judgment text and source record
23 paragraphs
Onyango Malombo & Robison t/a OM Robinson & Co Advocates v Trident Insurance Limited (Miscellaneous Civil Application E077 of 2023) [2023] KEHC 23440 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23440 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Civil Application E077 of 2023
DKN Magare, J
October 6, 2023
Between
Onyango Malombo & Robison t/a OM Robinson & Co Advocates
Applicant
and
Trident Insurance Limited
Respondent
Ruling
1. The applicant herein filed an Application dated July 4, 2023 substantially seeking that Judgement be entered for the Applicant against the respondent in the sum of Kshs. 703,653. 01/= being the sum taxed and certified by the Deputy Registrar on June 27, 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. 703,653. 01/=.
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 June 29, 2023. The 30 days required under Rule 7 of the Advocates Remuneration Rules expired on July 28, 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 July 4, 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 July 4, 2023 is allowed in the following terms.
Determinationa.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 April 17, 2023 for Kshs. 703,653. 01/=.b.Cost of 35,000/= payable within 30 daysc.Interest on the said amount, to apply from 28/7/2023. d.Stay 30 days.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 6TH DAY OF OCTOBER, 2023. KIZITO MAGAREJUDGEIn the presence of:-Mawoa for the RespondentMs Malombo for Mr. Malombo for the ApplicantCourt clerk- Brian