[2024] KEHC 10811 (KLR)

[2024] KEHC 10811 (KLR)

The court found that the application for adoption of the certificate of costs was properly served and remained undefended. There was no reason to deny the applicant the reliefs sought. The certificate of costs was therefore adopted as a judgment of the court, interest was awarded at 14% from the specified date until...

Source-derived case information.

Citation
[2024] KEHC 10811 (KLR)
Parties
Plaintiff: Otieno Ragot & Co. Advocates; Defendant: County Government of Kisumu
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Case E192 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Undefended Notice of Motion for Adoption of Certificate of Costs
Outcome
Application allowed as prayed; certificate of costs adopted as judgment; interest and costs awarded.
Judges
MS Shariff
Legal Topics
Taxation of Costs, Certificate of Costs, Interest on Judgment Debt
Source Language
en
Civil Procedure Taxation of Costs Certificate of Costs Interest on Judgment Debt

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Parties

Otieno Ragot & Co. Advocates

Plaintiff

County Government of Kisumu

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Undefended Notice of Motion for Adoption of Certificate of Costs

Legal Issues

  1. 1 Whether the certificate of costs should be adopted as a judgment of the court.
  2. 2 Whether the applicant is entitled to interest on the certified costs.
  3. 3 Whether the applicant is entitled to costs of the application.

Ratio Decidendi

The court found that the application for adoption of the certificate of costs was properly served and remained undefended. There was no reason to deny the applicant the reliefs sought. The certificate of costs was therefore adopted as a judgment of the court, interest was awarded at 14% from the specified date until payment in full, and the applicant was awarded the costs of the taxation and the application. The matter was thus concluded and the file marked as closed.

Court Disposition

Application allowed as prayed; certificate of costs adopted as judgment; interest and costs awarded.

Orders

  • The certificate of costs dated 29.6.2023 for Kshs.99,615 is adopted as a judgment of the court.
  • The sum of Kshs.99,615 shall attract interest at 14% from 18.6.2022 until payment in full.