[2023] KEHC 27430 (KLR)

[2023] KEHC 27430 (KLR)

The court found that the applicant's notice of motion for adoption of the certificate of costs as a judgment of the court was unopposed, and that the certificate of costs had not been challenged. In accordance with section 51(2) of the Advocates Act and the Civil Procedure Act, the court adopted the certificate of...

Source-derived case information.

Citation
[2023] KEHC 27430 (KLR)
Parties
Applicant: Otieno Ragot & Co. Advocates; Respondent: Abubakar Mohammed Sheikh
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal E164 of 2021
Procedural Posture
Civil Appeal / Ruling on Unopposed Notice of Motion for Adoption of Certificate of Costs as Judgment
Outcome
Application allowed. Certificate of costs adopted as judgment. Interest and costs awarded. File closed.
Judges
MS Shariff
Legal Topics
Certificate of Costs, Judgment Entry, Interest Award, Costs of Application
Source Language
en
Civil Procedure Certificate of Costs Judgment Entry Interest Award Costs of Application

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Parties

Otieno Ragot & Co. Advocates

Applicant

Abubakar Mohammed Sheikh

Respondent

Procedural Posture

Civil Appeal / Ruling on Unopposed Notice of Motion for Adoption of Certificate of Costs as Judgment

Legal Issues

  1. 1 Whether the certificate of costs dated 14th April, 2022 should be adopted as a judgment of the court.
  2. 2 Whether the applicant is entitled to interest on the judgment sum and at what rate.
  3. 3 Whether the applicant is entitled to costs of the application.

Ratio Decidendi

The court found that the applicant's notice of motion for adoption of the certificate of costs as a judgment of the court was unopposed, and that the certificate of costs had not been challenged. In accordance with section 51(2) of the Advocates Act and the Civil Procedure Act, the court adopted the certificate of costs as a judgment of the court. The court further awarded interest at 14% per annum from 10th September, 2021 until payment in full, and granted the applicant costs of the application assessed at Kshs.6,000. The file was marked as closed.

Court Disposition

Application allowed. Certificate of costs adopted as judgment. Interest and costs awarded. File closed.

Orders

  • The certificate of costs dated 14th April, 2022 for Kshs.151,809.30 is adopted as a judgment of the court.
  • The judgment sum shall attract interest at 14% per annum from 10th September, 2021 until payment in full.