[2024] KEHC 14635 (KLR)

[2024] KEHC 14635 (KLR)

The court found that the applicant had obtained a certificate of costs from the taxing master, which had not been challenged or set aside by the respondent. The application to adopt the certificate of costs as a judgment and decree of the court was unopposed. The court held that under section 51(2) of the Advocates...

Source-derived case information.

Citation
[2024] KEHC 14635 (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 35 of 2022
Procedural Posture
Miscellaneous Civil Case / Ruling on Application to Adopt Certificate of Costs as Judgment
Outcome
Application allowed. Judgment entered for the applicant for the sum certified in the certificate of costs with interest and costs of the application.
Judges
TA Odera
Legal Topics
Taxation of Costs, Certificate of Costs, Interest on Judgment Debt
Source Language
en
Civil Procedure Taxation of Costs Certificate of Costs Interest on Judgment Debt

Source-derived case record

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Parties

Ouma Maurice Otieno

Applicant

Africa Merchant Assurance Co Ltd

Respondent

Procedural Posture

Miscellaneous Civil Case / Ruling on Application to Adopt Certificate of Costs as Judgment

Legal Issues

  1. 1 Whether the certificate of costs issued by the taxing master should be adopted as a judgment and decree of the court.
  2. 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. 3 Whether the applicant is entitled to costs of the application.

Ratio Decidendi

The court found that the applicant had obtained a certificate of costs from the taxing master, which had not been challenged or set aside by the respondent. The application to adopt the certificate of costs as a judgment and decree of the court was unopposed. The court held that under section 51(2) of the Advocates Act, it was proper to enter judgment for the sum certified in the certificate of costs. The court further exercised its discretion to award interest at 14% per annum from 18.1.22 until payment in full, as sought by the applicant. The applicant was also awarded the costs of the application.

Court Disposition

Application allowed. Judgment entered for the applicant for the sum certified in the certificate of costs with interest and costs of the 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.