[2024] KEHC 10799 (KLR)
The court found that the respondent had conceded to the application for adoption of the certificate of costs as a judgment. There was no dispute as to the amount certified or the entitlement to interest. The court exercised its discretion to adopt the certificate of costs dated 13.10.2022 for Kshs.156,134 as a...
Source-derived case information.
- Citation
- [2024] KEHC 10799 (KLR)
- Parties
- Applicant: Ouma Maurice Otieno T/A OM Otieno & Co Advocates; Respondent: African Merchant Assurance Co Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E071 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Adoption of Certificate of Costs as Judgment
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Taxation of Costs, Certificate of Costs, Judgment Entry, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ouma Maurice Otieno T/A OM Otieno & Co Advocates
Applicant
African Merchant Assurance Co Ltd
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 and for how long.
Ratio Decidendi
The court found that the respondent had conceded to the application for adoption of the certificate of costs as a judgment. There was no dispute as to the amount certified or the entitlement to interest. The court exercised its discretion to adopt the certificate of costs dated 13.10.2022 for Kshs.156,134 as a judgment of the court, ordered interest at 14% from 28.2.2023 until payment in full, and granted a 30-day stay of execution. The ruling was extended to related matters (Kisumu Misc. App. Nos E059/2022 to E073/2022). No order was made as to costs, and the files were marked as closed.
Court Disposition
application allowed
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 Otieno & Co Advocates v African Merchant Assurance Co Ltd (Miscellaneous Application E071 of 2022) [2024] KEHC 10799 (KLR) (18 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10799 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E071 of 2022
MS Shariff, J
September 18, 2024
Between
Ouma Maurice Otieno T/A OM Otieno & Co Advocates
Applicant
and
African Merchant Assurance Co Ltd
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