[2023] KEHC 26618 (KLR)

[2023] KEHC 26618 (KLR)

The court found that the applicant had complied with all necessary procedural requirements, including service of the bill of costs and other processes. The respondent did not contest the application or challenge the certificate of costs. Pursuant to Section 51(2) of the Advocates Act, the certificate of costs is...

Source-derived case information.

Citation
[2023] KEHC 26618 (KLR)
Parties
Applicant: 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 96 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

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Parties

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 certified in the certificate of costs.
  2. 2 Whether interest should accrue from 30 days after certification of taxation.

Ratio Decidendi

The court found that the applicant had complied with all necessary procedural requirements, including service of the bill of costs and other processes. The respondent did not contest the application or challenge the certificate of costs. Pursuant to Section 51(2) of the Advocates Act, the certificate of costs is deemed final and conclusive as to the amount due unless set aside or altered by the court. There being no challenge, the court was satisfied that judgment should be entered for the applicant in the sum certified. Further, under Rule 7 of the Advocates Remuneration Order, interest is payable from 30 days after certification of taxation. The court therefore allowed the application...

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. 385,304.00.
  • Interest to accrue from 16/12/2022, being 30 days after certification of taxation.