[2023] KEHC 26612 (KLR)

[2023] KEHC 26612 (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 did not contest the application or participate in the proceedings. The certificate of costs issued by the Deputy Registrar had not been set...

Source-derived case information.

Citation
[2023] KEHC 26612 (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 67 of 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs
Outcome
Application allowed; judgment entered for the applicant for the certified costs with interest.
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

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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 for the sum certified in the certificate of costs.
  2. 2 Whether interest is payable on the taxed amount 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 necessary documents on the respondent. The respondent did not contest the application or participate in the proceedings. The certificate of costs issued by the Deputy Registrar had not been set aside or altered. Pursuant to Section 51(2) of the Advocates Act, the court held that judgment should be entered for the applicant for the sum certified in the certificate of costs. Further, in accordance with rule 7 of the Advocates Remuneration Order, interest was awarded effective thirty days after the date of certification. The court therefore allowed the application and...

Court Disposition

Application allowed; judgment entered for the applicant for the certified costs with interest.

Orders

  • Judgment is entered for the applicant against the respondent in the sum of Kshs 213,890 as per the certificate of costs dated 17/5/2023.
  • Interest is payable on the sum effective 17/6/2023, being thirty days after certification of taxation.