[2023] KEHC 26606 (KLR)

[2023] KEHC 26606 (KLR)

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other necessary documents. The respondent failed to participate or challenge the application. The certificate of costs issued by the Deputy Registrar had not been set aside or altered. Under Section...

Source-derived case information.

Citation
[2023] KEHC 26606 (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 87 of 2021
Procedural Posture
Miscellaneous 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 Client Costs, Taxation of Costs, Entry of Judgment on Certified Costs
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Entry of Judgment on Certified Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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. 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 accrue on the certified costs from 30 days after certification.

Ratio Decidendi

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other necessary documents. The respondent failed to participate or challenge the application. The certificate of costs issued by the Deputy Registrar had not been set aside or altered. Under Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the certified sum. Interest was awarded from 30 days after certification in accordance with Rule 7 of the Advocates Remuneration Order. The court therefore allowed the application and entered judgment for the applicant for the taxed and certified sum, with interest as specified.

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 16/11/2022 for Kshs. 143,745.00.
  • Interest to accrue from 16/12/2022, being 30 days after certification of taxation.