[2023] KEHC 26604 (KLR)

[2023] KEHC 26604 (KLR)

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other relevant processes. There was no evidence of any dispute as to retainer or any other sufficient reason to deny the application. The respondent did not participate in the proceedings to contest the...

Source-derived case information.

Citation
[2023] KEHC 26604 (KLR)
Parties
Applicant: Ouma Maurice Otieno trading as OM Otieno & Co Advocates; Respondent: African Merchant Assurance Company Ltd
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 74 of 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed and certified costs with interest; file closed
Judges
DKN Magare
Legal Topics
Advocate Remuneration, Taxation of Costs, Entry of Judgment on Certified Costs
Source Language
en
Civil Procedure Advocate Remuneration Taxation of Costs Entry of Judgment on Certified Costs

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Parties

Ouma Maurice Otieno trading as OM Otieno & Co Advocates

Applicant

African Merchant Assurance Company Ltd

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 against the respondent for the sum taxed and certified by the Deputy Registrar.
  2. 2 Whether interest should be awarded on the certified costs from the date of certification.

Ratio Decidendi

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other relevant processes. There was no evidence of any dispute as to retainer or any other sufficient reason to deny the application. The respondent did not participate in the proceedings to contest the application. Accordingly, the court held that the applicant was entitled to judgment for the sum certified by the Deputy Registrar, together with interest from thirty days after the date of certification, pursuant to section 51(2) of the Advocates Act and rule 7 of the Advocates Remuneration Order.

Court Disposition

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

Orders

  • Judgment is entered for the applicant against the respondent in terms of the certificate of costs dated 16/5/2023 for Kshs. 198,125.00.
  • Interest on the certified costs is payable effective 16/6/2023, being thirty days after certification of the taxation.