[2024] KEHC 14571 (KLR)
The court found that the applicant had obtained a certificate of costs from the taxing master for Kshs 220,243, that the respondent had not opposed the application for its adoption as a judgment and decree, and that there was no dispute as to retainer or amount. Accordingly, the court exercised its power under...
Source-derived case information.
- Citation
- [2024] KEHC 14571 (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 E015 of 2022
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Unopposed Application for Adoption of Certificate of Costs as Judgment
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest and costs of application
- Judges
- TA Odera
- Legal Topics
- Taxation of Costs, 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 Unopposed 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 from 18.1.22 until payment in full.
- 3 Whether the applicant should be awarded costs of the application.
Ratio Decidendi
The court found that the applicant had obtained a certificate of costs from the taxing master for Kshs 220,243, that the respondent had not opposed the application for its adoption as a judgment and decree, and that there was no dispute as to retainer or amount. Accordingly, the court exercised its power under section 51(2) of the Advocates Act to enter judgment for the applicant in the sum certified, with interest at 14% per annum from 18.1.22 until payment in full. The court also awarded the applicant the costs of the application.
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest and costs of application
Orders
- Judgment is 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 E015 of 2022) [2024] KEHC 14571 (KLR) (21 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14571 (KLR)
Republic of Kenya
In the High Court at Kisii
Miscellaneous Civil Case E015 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