[2024] KEHC 10761 (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 legal impediment to granting the orders sought. The court further held that interest at the rate of 14% per annum should accrue from...
Source-derived case information.
- Citation
- [2024] KEHC 10761 (KLR)
- Parties
- Applicant: Ouma Maurice Otieno t/a OM.Otien and Company Advocates; Respondent: African Merchant Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E065 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.Otien and 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.
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 legal impediment to granting the orders sought. The court further held that interest at the rate of 14% per annum should accrue from the date of the certificate of costs until payment in full, in accordance with the Advocates (Remuneration) Order. 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
Orders
- The certificate of costs dated 13.10.2022 for Kshs.156,134 is adopted as a judgment of the court.
- Interest at 14% per annum shall accrue 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 Advocates v African Merchant Assurance Company Limited (Miscellaneous Application E065 of 2022) [2024] KEHC 10761 (KLR) (18 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10761 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E065 of 2022
MS Shariff, J
September 18, 2024
Between
Ouma Maurice Otieno t/a OM.Otien and Company Advocates
Applicant
and
African Merchant Assurance Company LimitedLtd
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