[2024] KEHC 3373 (KLR)

[2024] KEHC 3373 (KLR)

The court held that since the Certificate of Taxation issued on 25th November 2021 had not been set aside or altered, it was conclusive as to the amount of costs due from the Respondent to the Applicant. Under Section 51(2) of the Advocates Act, the Applicant was entitled to judgment for the taxed sum. Further, in...

Source-derived case information.

Citation
[2024] KEHC 3373 (KLR)
Parties
Applicant: Onyoni Opini & Co. Advocates; Respondent: Invesco Assurance Co. Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E899 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
Application allowed. Judgment entered for the Applicant for the taxed sum, with interest and costs.
Judges
NW Sifuna
Legal Topics
Advocate Client Costs, Certificate of Taxation, Judgment on Taxed Costs
Source Language
en
Civil Procedure Commercial and Corporate Advocate Client Costs Certificate of Taxation Judgment on Taxed Costs

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Parties

Onyoni Opini & Co. Advocates

Applicant

Invesco Assurance Co. Ltd

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 costs as per the Certificate of Taxation.
  2. 2 Whether interest is payable on the taxed costs and from what date.
  3. 3 Whether the Applicant is entitled to costs of the application.

Ratio Decidendi

The court held that since the Certificate of Taxation issued on 25th November 2021 had not been set aside or altered, it was conclusive as to the amount of costs due from the Respondent to the Applicant. Under Section 51(2) of the Advocates Act, the Applicant was entitled to judgment for the taxed sum. Further, in accordance with paragraph 7 of the Advocates Remuneration Order, interest at 14% per annum was awarded from 30th September 2021 until payment in full. The Applicant was also awarded the costs of the application, assessed at Ksh 10,000.

Court Disposition

Application allowed. Judgment entered for the Applicant for the taxed sum, with interest and costs.

Orders

  • Judgment is entered for the Applicant against the Respondent for Ksh 201,844 with interest at 14% per annum from 30th September 2021 until payment in full.
  • The Applicant is awarded costs of the application assessed at Ksh 10,000.