[2024] KEHC 4497 (KLR)

[2024] KEHC 4497 (KLR)

The court held that since the certificate of taxation issued in favour of the applicant is valid and has not been set aside, the applicant is entitled to judgment for the taxed costs. The court further held that interest at 14% per annum is payable on the taxed sum from the date specified in the Advocates...

Source-derived case information.

Citation
[2024] KEHC 4497 (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 Application E894 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Entry of Judgment on Taxed Costs
Outcome
Judgment entered for the applicant for the taxed sum, with interest and costs.
Judges
NW Sifuna
Legal Topics
Advocate Client Costs, Certificate of Taxation, Entry of Judgment, Interest Award
Source Language
en
Civil Procedure Commercial and Corporate Advocate Client Costs Certificate of Taxation Entry of Judgment Interest Award

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Parties

Onyoni Opini & Co Advocates

Applicant

Invesco Assurance Co Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Entry of Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to entry of judgment against the respondent for the taxed costs as per the certificate of taxation.
  2. 2 Whether interest should be awarded on the taxed sum 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 in favour of the applicant is valid and has not been set aside, the applicant is entitled to judgment for the taxed costs. The court further held that interest at 14% per annum is payable on the taxed sum from the date specified in the Advocates Remuneration Order until payment in full. The applicant is also entitled to the costs of the application, which the court assessed at Ksh 10,000.

Court Disposition

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 190,248.
  • Interest is awarded on the sum of Ksh 190,248 at 14% per annum from 3rd February 2021 until payment in full.