[2024] KEHC 14531 (KLR)
The court found that the applicant was entitled to have the certificate of costs adopted as a judgment and decree of the court under section 51(2) of the Advocates Act, as the application was unopposed and the respondent had been served but did not participate. The court further held that interest at 14% per annum...
Source-derived case information.
- Citation
- [2024] KEHC 14531 (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 E013 of 2022
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Application to Adopt Certificate of Costs as Judgment
- Outcome
- application allowed; certificate of costs adopted as judgment and decree; interest and costs awarded
- 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 Company Limited
Respondent
Procedural Posture
Miscellaneous Civil Case / Ruling on Application to Adopt 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 interest at 14% per annum should be awarded from 18.1.22 until payment in full.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant was entitled to have the certificate of costs adopted as a judgment and decree of the court under section 51(2) of the Advocates Act, as the application was unopposed and the respondent had been served but did not participate. The court further held that interest at 14% per annum from 18.1.22 until payment in full was justified under the Advocates Remuneration Order. The applicant was also awarded the costs of the application. The orders sought were granted as the application was straightforward and met the legal requirements.
Court Disposition
application allowed; certificate of costs adopted as judgment and decree; interest and costs awarded
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.
- Costs of the application awarded to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
Otieno v Africa Merchant Assurance Company Limited (Miscellaneous Civil Case E013 of 2022) [2024] KEHC 14531 (KLR) (21 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14531 (KLR)
Republic of Kenya
In the High Court at Kisii
Miscellaneous Civil Case E013 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