[2023] KEHC 26616 (KLR)

[2023] KEHC 26616 (KLR)

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other necessary documents on the respondent. The respondent failed to participate or challenge the application. Under section 51(2) of the Advocates Act, the court is empowered to enter judgment for the...

Source-derived case information.

Citation
[2023] KEHC 26616 (KLR)
Parties
Applicant: Ouma Maurice Otieno trading as OM Otieno & Co Advocates; Respondent: African Merchant Assurance Company
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 75 of 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed costs with interest; file closed
Judges
DKN Magare
Legal Topics
Taxation of Costs, Advocate Remuneration, Entry of Judgment
Source Language
en
Civil Procedure Taxation of Costs Advocate Remuneration Entry of Judgment

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Parties

Ouma Maurice Otieno trading as OM Otieno & Co Advocates

Applicant

African Merchant Assurance Company

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered for the applicant for the sum taxed and certified by the deputy registrar.
  2. 2 Whether interest should accrue from 30 days after certification of taxation.

Ratio Decidendi

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other necessary documents on the respondent. The respondent failed to participate or challenge the application. Under section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified by the taxing officer unless there is a valid objection. No such objection was raised. The court further held that interest should accrue from 30 days after the date of certification of taxation, in line with rule 7 of the Advocates Remuneration Order. Accordingly, judgment was entered for the applicant for the certified sum with interest, and the file was ordered...

Court Disposition

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

Orders

  • Judgment is entered for the applicant against the respondent in terms of the certificate of costs dated 16/11/2022 for Kshs. 211,620.00.
  • Interest to accrue from 16/12/2022, being 30 days after certification of taxation.