[2023] KEHC 17826 (KLR)
The court found that the application to adopt the certificate of costs as a judgment was unopposed and that no reference had been filed to challenge the certificate. In the absence of any opposition or setting aside of the certificate of costs, the court was satisfied that the applicant was entitled to have the...
Source-derived case information.
- Citation
- [2023] KEHC 17826 (KLR)
- Parties
- Applicant: Otieno & Ragot Advocates; Respondent: Municipal Council Of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E104 of 2022
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application to Adopt Certificate of Costs as Judgment
- Outcome
- Application allowed. Certificate of costs adopted as judgment. Decree to issue. Interest awarded. Each party to bear own costs.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Certificate of Costs, Judgment Entry, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Otieno & Ragot Advocates
Applicant
Municipal Council Of Kisumu
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs dated September 15, 2022 should be adopted as a judgment of the court.
- 2 Whether the applicant is entitled to interest on the certified costs.
- 3 Whether there is any valid opposition or reference against the certificate of costs.
Ratio Decidendi
The court found that the application to adopt the certificate of costs as a judgment was unopposed and that no reference had been filed to challenge the certificate. In the absence of any opposition or setting aside of the certificate of costs, the court was satisfied that the applicant was entitled to have the certificate adopted as a judgment and to be issued with a decree. The court further held that the applicant was entitled to interest at the rate of 14% per annum from November 22, 2021 until payment in full, in accordance with the law. Each party was ordered to bear their own costs of the application.
Court Disposition
Application allowed. Certificate of costs adopted as judgment. Decree to issue. Interest awarded. Each party to bear own costs.
Orders
- Certificate of costs dated September 15, 2022 for Kshs 165,517.12 adopted as judgment of the court.
- Decree to issue for the certified amount.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno & Ragot Advocates v Municipal Council of Kisumu (Miscellaneous Civil Application E104 of 2022) [2023] KEHC 17826 (KLR) (10 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17826 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E104 of 2022
RE Aburili, J
May 10, 2023
Between
Otieno & Ragot Advocates
Applicant
and
Municipal Council Of Kisumu
Respondent
(Arising from the professional services rendered by the Applicant/Advocate for the Respondent/Client in original matter Kisumu HCCA No 127 of 2010)
Ruling
1. The application dated January 20, 2023 seeks for orders adopting the certificate of costs dated September 15, 2022 as judgment of the court and that decree do issue.
2. The application is not opposed despite service. There is no Reference filed and the Certificate of Costs has not been set aside.
3. I allow the application dated January 20, 2023. I adopt the Certificate of Costs dated September 15, 2022 for Kshs 165,517. 12 as Judgment of the court and issue decree. Certificate of order against the Government to issue. The Applicant shall also have interest accrue at the rate of 14% p a from November 22, 2021 until payment in full.
4. Each party to bear their own costs of the application dated January 20, 2023.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF MAY, 2023R E ABURILIJUDGE