[2023] KEHC 26617 (KLR)
The court found that the applicant had complied with all procedural requirements for entry of judgment on a certificate of costs, including service of the bill of costs and the application. The respondent failed to participate or contest the application. Section 51(2) of the Advocates Act empowers the court to enter...
Source-derived case information.
- Citation
- [2023] KEHC 26617 (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 85 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest
- Judges
- DKN Magare
- Legal Topics
- Advocate Remuneration, Taxation of Costs, Certificate of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ouma Maurice Otieno trading as OM Otieno & Co Advocates
Applicant
African Merchant Assurance Company
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on the certificate of costs issued by the Deputy Registrar.
- 2 Whether interest is payable on the taxed costs from the date of certification.
Ratio Decidendi
The court found that the applicant had complied with all procedural requirements for entry of judgment on a certificate of costs, including service of the bill of costs and the application. The respondent failed to participate or contest the application. Section 51(2) of the Advocates Act empowers the court to enter judgment for the sum certified as due in the certificate of costs. The court also applied Rule 7 of the Advocates Remuneration Order, granting interest from thirty days after the date of certification. Accordingly, judgment was entered for the applicant for Kshs. 62,305.00 with interest from 16/12/2022.
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest
Orders
- Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 16/11/2022 for Kshs. 62,305.00.
- Interest is payable thereon effective 16/12/2022, being 30 days after certification of the taxation.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno trading as OM Otieno & Co Advocates v African Merchant Assurance Company (Miscellaneous Civil Application 85 of 2021) [2023] KEHC 26617 (KLR) (8 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26617 (KLR)
Republic of Kenya
In the High Court at Kisii
Miscellaneous Civil Application 85 of 2021
DKN Magare, J
December 8, 2023
Between
Ouma Maurice Otieno trading as OM Otieno & Co Advocates
Advocate
and
African Merchant Assurance Company
Client
Ruling
1. The Applicant herein filed an Application dated 6/6/2023 substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Ksh. 62,305. 00 being the sum taxed and certified by the Deputy Registrar on 7/2/2022 as due to the Applicant with interest thereon.
2. The Application is expressed to be brought under Section 51 (1) &(2) of the Advocates Act and rule 7 of the Advocates Remuneration order.
3. After filing of the Notice of Motion dated 6/6/2023, there does not appear to be active participation of the Respondent.
4. The Applicant has done his part, serving the bill of costs, and other processes.
5. I am unable to resist the urge to allow the Application. The said Application dated 6/6/2023 is allowed.
Determination 6. I therefore make the following orders:-a.Judgment be and is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 16/11/2022 for Kshs. 62,305. 00/=.b.Interest thereon effective 16/12/2022 being 30 days after certification of the taxation.c.The file is closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KISII ON THIS 8TH DAY OF DECEMBER 2023KIZITO MAGAREJUDGEIn the presence of:-M/s O.M. Otieno & Company Advocates for the ApplicantM/s Cheboryot & Company Advocates for the RespondentCourt Assistant - Roselyn