[2019] KEHC 18 (KLR)

[2019] KEHC 18 (KLR)

The court found that the applicant was entitled to judgment for the taxed costs as per the Certificate of Taxation dated 22/5/2019 because the respondent had not filed any reference, objection, grounds of opposition, or replying affidavit to challenge the taxation or the application. The law provides that where a...

Source-derived case information.

Citation
[2019] KEHC 18 (KLR)
Parties
Applicant: Otieno, Ragot & Company Advocates; Respondent: British American Insurance Company
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Case 14'B' of 2019
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed costs with interest
Judges
RE Aburili
Legal Topics
Taxation of Costs, Advocate Client Costs, Certificate of Taxation
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Advocate Client Costs Certificate of Taxation

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Parties

Otieno, Ragot & Company Advocates

Applicant

British American Insurance Company

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered for the applicant in the sum certified in the Certificate of Taxation.
  2. 2 Whether the respondent's failure to file a reference or objection to the taxation precludes challenge to the certificate.
  3. 3 Whether interest is payable on the taxed costs and from what date.

Ratio Decidendi

The court found that the applicant was entitled to judgment for the taxed costs as per the Certificate of Taxation dated 22/5/2019 because the respondent had not filed any reference, objection, grounds of opposition, or replying affidavit to challenge the taxation or the application. The law provides that where a certificate of taxation is not challenged, judgment may be entered for the certified sum. The court also held that interest at 14% per annum is payable from the date of taxation until payment in full. Each party was ordered to bear their own costs for the application to bring the matter to a close.

Court Disposition

application allowed; judgment entered for applicant for taxed costs with interest

Orders

  • Judgment is entered in favour of the applicant against the respondent in the sum of Kshs. 187,178 as per the Certificate of Taxation dated 22/5/2019.
  • Interest at 14% per annum is awarded from the date of taxation until payment in full.