[2024] KEHC 14526 (KLR)
The court found that the applicant had complied with the requirements for entry of judgment on a certificate of costs under section 51(2) of the Advocates Act. The respondent, having been served, did not oppose the application. There was no reason to decline the orders sought. The court therefore entered judgment...
Source-derived case information.
- Citation
- [2024] KEHC 14526 (KLR)
- Parties
- Applicant: Ouma Maurice Otieno; Respondent: Africa Merchant Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 29 of 2022
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Application for Judgment on Certificate of Costs
- Outcome
- application allowed; judgment entered for applicant as prayed
- Judges
- TA Odera
- Legal Topics
- Taxation of Costs, Certificate of Costs, Entry of Judgment, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ouma Maurice Otieno
Applicant
Africa Merchant Assurance Company Limited
Respondent
Procedural Posture
Miscellaneous Civil Case / Ruling on Application for Judgment on Certificate of Costs
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 is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had complied with the requirements for entry of judgment on a certificate of costs under section 51(2) of the Advocates Act. The respondent, having been served, did not oppose the application. There was no reason to decline the orders sought. The court therefore entered judgment for the applicant in the sum certified by the taxing master, awarded interest at 14% per annum from the date specified until payment in full, and granted costs of the application to the applicant.
Court Disposition
application allowed; judgment entered for applicant as prayed
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 costs of this application.
Full Case Text
Judgment text and source record
22 paragraphs
Otieno v Africa Merchant Assurance Company Limited (Miscellaneous Civil Case 29 of 2022) [2024] KEHC 14526 (KLR) (21 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14526 (KLR)
Republic of Kenya
In the High Court at Kisii
Miscellaneous Civil Case 29 of 2022
TA Odera, J
November 21, 2024
Between
Ouma Maurice Otieno
Applicant
and
Africa Merchant Assurance Company Limited
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