[2024] KEHC 10788 (KLR)
The court found that the certificate of costs dated 13.10.2022 was unopposed and that the respondent had conceded to its adoption as a judgment. The court exercised its discretion under section 51(2) of the Advocates Act to adopt the certificate as a judgment of the court. The court further held that interest at 14%...
Source-derived case information.
- Citation
- [2024] KEHC 10788 (KLR)
- Parties
- Applicant: Ouma Maurice Otieno t/a OM Otieno & Company Advocates; Respondent: African Merchant Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E063 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, Adoption of Certificate of Costs, Interest on Judgment Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ouma Maurice Otieno t/a OM Otieno & Company Advocates
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 and for how long.
Ratio Decidendi
The court found that the certificate of costs dated 13.10.2022 was unopposed and that the respondent had conceded to its adoption as a judgment. The court exercised its discretion under section 51(2) of the Advocates Act to adopt the certificate as a judgment of the court. The court further held that interest at 14% was justified from 28.2.2023 until payment in full, in accordance with the Advocates (Remuneration) Order. The court granted a 30-day stay of execution to allow the respondent time to comply, and extended the ruling to related matters. No order was made as to costs given the respondent's concession.
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 & Company Advocates v African Merchant Assurance Company Limited (Miscellaneous Application E063 of 2022) [2024] KEHC 10788 (KLR) (18 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10788 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E063 of 2022
MS Shariff, J
September 18, 2024
Between
Ouma Maurice Otieno t/a OM Otieno & Company Advocates
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