[2023] KEHC 17827 (KLR)
The court found that the certificate of costs issued after taxation had not been set aside and no reference had been filed by the respondent. As such, the application to adopt the certificate of costs as a judgment of the court was merited. The court allowed the application, adopted the certificate as judgment, and...
Source-derived case information.
- Citation
- [2023] KEHC 17827 (KLR)
- Parties
- Applicant: Otieno, Ragot & Co Advocates; Respondent: Municipal Council of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E105 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application to Adopt Certificate of Costs as Judgment
- Outcome
- application allowed; certificate of costs adopted as judgment; decree to issue for taxed sum plus interest; each party to bear own costs
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Certificate of Costs, Adoption of Certificate as Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Otieno, Ragot & Co Advocates
Applicant
Municipal Council of Kisumu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs issued after taxation should be adopted as a judgment of the court.
- 2 Whether the respondent has opposed or set aside the certificate of costs or filed a reference against it.
Ratio Decidendi
The court found that the certificate of costs issued after taxation had not been set aside and no reference had been filed by the respondent. As such, the application to adopt the certificate of costs as a judgment of the court was merited. The court allowed the application, adopted the certificate as judgment, and ordered a decree to issue for the taxed sum plus interest at 14% per annum from November 22, 2021, until payment in full. 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 for taxed sum plus interest; each party to bear own costs
Orders
- The certificate of costs issued on December 29, 2021 is adopted as judgment of the court.
- A decree to issue for the sum of Kshs 86,094.80 plus interest at 14% per annum from November 22, 2021 until payment in full.
Full Case Text
Judgment text and source record
23 paragraphs
Otieno, Ragot & Co Advocates v Municipal Council of Kisumu (Miscellaneous Civil Application E105 of 2022) [2023] KEHC 17827 (KLR) (17 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17827 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E105 of 2022
RE Aburili, J
May 17, 2023
Between
Otieno, Ragot & Co 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 CMCC No. 451 of 2006)
Ruling
1. The application dated January 20, 2023 was served upon the Respondent. It is not opposed.
2. The Certificate of Costs was issued following taxation of the Bill of Costs on September 15, 2022. The same has not been set aside and there is no Reference filed.
3. In the premises, I find the application merited. It is hereby allowed.
4. The Certificate of Costs issued on December 29, 2021 is hereby adopted as judgment of the court and decree to issue for the sum of Kshs 86,094. 80 plus interest at 14% p.a from November 22, 2021 until payment in full.
5. Certificate of order against the Government to issue.
6. Each party to bear their own costs of the application dated January 20, 2023.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF MAY, 2023R. E. ABURILIJUDGE