[2024] KEHC 14570 (KLR)
The court found that the applicant had satisfied the requirements for adoption of the certificate of costs as a judgment and decree of the court under section 51(2) of the Advocates Act. The respondent, having been served, did not oppose the application. The court exercised its discretion to award interest at 14%...
Source-derived case information.
- Citation
- [2024] KEHC 14570 (KLR)
- Parties
- Applicant: Ouma Maurice Otieno; Respondent: Africa Merchant Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E004 of 2022
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Application for Adoption of Certificate of Costs as Judgment
- Outcome
- Application allowed. Judgment entered for the applicant for the taxed costs with interest and costs of the application.
- Judges
- TA Odera
- Legal Topics
- Taxation of Costs, Adoption of Certificate of Costs, Interest on Judgment Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ouma Maurice Otieno
Applicant
Africa Merchant Assurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Civil Case / Ruling on Application for Adoption of Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs issued by the taxing master should be adopted as a judgment and decree of the court.
- 2 Whether the applicant is entitled to interest on the taxed costs at 14% per annum.
- 3 Whether the applicant should be awarded costs of the application.
Ratio Decidendi
The court found that the applicant had satisfied the requirements for adoption of the certificate of costs as a judgment and decree of the court under section 51(2) of the Advocates Act. The respondent, having been served, did not oppose the application. The court exercised its discretion to award interest at 14% per annum from the date of taxation (18.1.22) until payment in full, and also awarded the applicant the costs of the application. The straightforward nature of the matter and the absence of opposition justified the orders sought by the applicant.
Court Disposition
Application allowed. Judgment entered for the applicant for the taxed costs with interest and costs of the application.
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs 220,243 with interest at 14% per annum from 18.1.22 until payment in full.
- The applicant is awarded the costs of this application.
Full Case Text
Judgment text and source record
22 paragraphs
Otieno v Africa Merchant Assurance Co. Ltd (Miscellaneous Civil Case E004 of 2022) [2024] KEHC 14570 (KLR) (21 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14570 (KLR)
Republic of Kenya
In the High Court at Kisii
Miscellaneous Civil Case E004 of 2022
TA Odera, J
November 21, 2024
Between
Ouma Maurice Otieno
Applicant
and
Africa Merchant Assurance Co. Ltd
Respondent
Ruling
Introduction 1. The applicant filed application dated 10. 11. 24 under section 51 (2) of the Advocates Acts, Sections 1A, 1B ,3A and 63 of the Civil Procedure Act. Order 51 rule 1 of the Civil procedure rules and Rule 7 of the Advocates Remuneration Order seeking to have certificate of cost pursuant to orders of the taxing master dated 14. 4.22 for the sum of Kshs 220. 243/= to be adopted as judgment and decree of this court and that the court be pleased to charge interest at 14 % per annum.
2. The application is based on the annexed affidavit of Ouma Maurice Otieno
3. The application was served but the respondent did not participate in the proceedings and thus the application is not opposed.
4. This is a straight forward matter.
Determination 5. I proceed to enter judgment for the applicant against the respondent in the sum of Kshs 220. 243/= with interest at 14 % from 18. 1.22 till payment in full.
6. I also award costs of this application to the applicant.
7. It is so ordered.
T. A. ODERAJUDGE21. 11. 24DELIVERED VIRTUALLY IN THE PRESENCE OF:Court Assistant - Oigo