[2015] KEHC 2243 (KLR)
The court found that neither party had filed written submissions as directed, indicating that the application was abandoned. The court further accepted the respondent's assertion that the amount claimed had been settled. Consequently, the application to adopt the certificate of costs as a judgment and decree,...
Source-derived case information.
- Citation
- [2015] KEHC 2243 (KLR)
- Parties
- Applicant: Otieno, Ragot & Co. Advocates; Respondent: Kenindia Assurance Co. Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Cause 221 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
- Outcome
- application dismissed
- Judges
- EM Muchoki
- Legal Topics
- Taxation of Costs, Advocate Client Bill of Costs, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Otieno, Ragot & Co. Advocates
Applicant
Kenindia Assurance Co. Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs should be adopted as a judgment and decree of the court.
- 2 Whether interest at 14% per annum should be awarded from 2nd November 2013 until payment in full.
- 3 Whether the application is competent in light of the respondent's claim that the amount has been settled.
Ratio Decidendi
The court found that neither party had filed written submissions as directed, indicating that the application was abandoned. The court further accepted the respondent's assertion that the amount claimed had been settled. Consequently, the application to adopt the certificate of costs as a judgment and decree, together with interest, was dismissed. No orders as to costs were made, reflecting the abandonment and apparent settlement of the matter.
Court Disposition
application dismissed
Orders
- The application dated 14th July 2014 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. CIVIL CAUSE NO. 221 OF 2013
IN THE MATTER OF TAXATION OF ADVOCATE – CLIENT BILL OF COSTS
BETWEEN
OTIENO, RAGOT & CO. ADVOCATES ….......................APPLICANT/ADVOCATE
AND
KENINDIA ASSURANCE CO. LIMITED …..................... RESPONDENT/CLIENT
Arising From
Busia HCCA No. 36 of 2008
NDUGU TRANSPORTERS ….......................................................... PLAINTIFF
VERSUS
GERVAS OCHIENG OSIROMO ….................................................. DEFENDANT
RULING
Before this Court is the Advocate/Applicant's Notice of Motion dated 14th July 2014 seeking orders that the Certificate of Costs dated 10th June 2014 for a sum of Kshs.199,493/= be adopted as a judgment and decree of this Court together with interest at 14% per annum from 2nd November 2013 until payment in full and further that the interest accrued on the costs and disbursements due to the applicant be awarded from the date of the bill of costs being 24th September 2013 till payment in full. The applicant further prays that the costs of this application be borne by the Respondent.
The application was opposed on grounds that it is bad in law, frivolous, vexatious, incompetent and an abuse of the Court process; the amount claimed has been settled and that it has no merit as it falls short of the requirements of the Advocates Act.
When the parties appeared before Chemitei J. on 3rd December 2014 they consented to canvass this application by way of written submissions. That record is to be found in H.Misc. No.210 of 2012. Todate however no submissions have been received from either side leading me to conclude that this particular application was abandoned and that the allegation that the amount claimed was settled is true.
Accordingly the application is dismissed but without orders as to costs.
Signed, dated and delivered at Kisumu this 24th day of September, 2015
E. N. MAINA
JUDGE
In presence of:-
Mr. Ragot for the Applicant
Miss Aron for the Respondent
CC: Moses Okumu