[2023] KEHC 26605 (KLR)
The court found that the applicant had complied with all procedural requirements by serving the bill of costs and obtaining a certificate of costs from the Deputy Registrar. There was no evidence of the respondent challenging or setting aside the certificate. Under Section 51(2) of the Advocates Act, the court is...
Source-derived case information.
- Citation
- [2023] KEHC 26605 (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 77 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for certified costs with interest; file closed
- Judges
- DKN Magare
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Entry of Judgment on Certified Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ouma Maurice Otieno trading as OM Otieno & Co Advocates
Applicant
African Merchant Assurance Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant against the respondent for the sum certified in the certificate of costs.
- 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 obtaining a certificate of costs from the Deputy Registrar. There was no evidence of the respondent challenging or setting aside the certificate. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified in the certificate of costs. The court further held that interest should accrue from 30 days after the date of certification, in line with the Advocates Remuneration Order. Accordingly, judgment was entered for the applicant for the certified sum with interest, and the file was ordered closed.
Court Disposition
application allowed; judgment entered for applicant for certified costs with interest; file closed
Orders
- Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 16/11/2022 for Kshs. 143,755.00.
- Interest to accrue from 16/12/2022, being 30 days after certification of taxation.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno trading as OM Otieno & Co Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 77 of 2021) [2023] KEHC 26605 (KLR) (8 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26605 (KLR)
Republic of Kenya
In the High Court at Kisii
Miscellaneous Civil Application 77 of 2021
DKN Magare, J
December 8, 2023
Between
Ouma Maurice Otieno trading as OM Otieno & Co Advocates
Advocate
and
African Merchant Assurance Company Ltd
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. 143,755. 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. 143,755. 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, 2023. KIZITO MAGAREJUDGEIn the presence of:-M/s O.M. Otieno & Company Advocates for the ApplicantM/s Cheboryot & Company Advocates for the RespondentCourt Assistant - Roselyn