[2024] KEHC 10766 (KLR)
The court found that the applicant was entitled to have the certificate of costs adopted as a judgment of the court, as the respondent had conceded to the application and there was no challenge to the certificate. The court further held that interest at the rate of 14% should accrue from 28.2.2023 until payment in...
Source-derived case information.
- Citation
- [2024] KEHC 10766 (KLR)
- Parties
- Applicant: Ouma Maurice Otieno t/a OM Otien and Company Advoates; Respondent: African Merchant Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E073 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Adoption of Certificate of Costs as Judgment
- Outcome
- Application allowed; certificate of costs adopted as judgment; interest awarded; stay of execution granted; no order as to costs.
- Judges
- MS Shariff
- Legal Topics
- Certificate of Costs, Judgment Entry, Interest Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ouma Maurice Otieno t/a OM Otien and Company Advoates
Applicant
African Merchant Assurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Adoption of Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs should be adopted as a judgment of the court.
- 2 Whether interest should be awarded on the certified costs and from what date.
- 3 Whether a stay of execution should be granted.
Ratio Decidendi
The court found that the applicant was entitled to have the certificate of costs adopted as a judgment of the court, as the respondent had conceded to the application and there was no challenge to the certificate. The court further held that interest at the rate of 14% should accrue from 28.2.2023 until payment in full, in line with the applicant's request and the applicable legal principles. The court also granted a stay of execution for 30 days in this and related matters, and marked the files as closed, with no order as to costs.
Court Disposition
Application allowed; certificate of costs adopted as judgment; interest awarded; stay of execution granted; no order as to costs.
Orders
- The certificate of costs dated 13.10.2022 for Kshs.156,134 is adopted as a judgment of the court.
- The sum shall attract interest at 14% from 28.2.2023 until payment in full.
Full Case Text
Judgment text and source record
16 paragraphs
Otieno t/a OM Otien and Company Advoates v African Merchant Assurance Company Limited (Miscellaneous Application E073 of 2022) [2024] KEHC 10766 (KLR) (18 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10766 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E073 of 2022
MS Shariff, J
September 18, 2024
Between
Ouma Maurice Otieno t/a OM Otien and Company Advoates
Applicant
and
African Merchant Assurance Company Limited
Respondent
Ruling
1. I have considered the notice of motion dated 20. 3.2024, the affidavit in support thereof sworn by Ouma Maurice Otieno and the enclosures thereon and I have also considered the oral submissions of parties’ Counsels noting the concession made by the Respondent and I thus allow the same and make the following orders:-1. The certificate of costs dated 13. 10. 2022 for the sum of Kshs.156,134 is hereby adopted as a judgment of this court.2. The same shall attract interest at the rate of 14% from 28. 2.2023 until payment in full.3. No orders are made on costs.4. The above ruling to apply mutatis mutandis to Kisumu Misc. App. Nos E059/2022 to E073 of 2022. 5.Orders of stay of execution are granted for a period of 30 days in all the above matters and in this matter.6. Files marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE