[2024] KEHC 10805 (KLR)

[2024] KEHC 10805 (KLR)

The court found that the certificate of costs dated 13.10.2022 had not been challenged and that the respondent conceded to its adoption. In accordance with section 51(2) of the Advocates Act, the court adopted the certificate as a judgment, allowing the applicant to enforce it as a decree. The court further...

Source-derived case information.

Citation
[2024] KEHC 10805 (KLR)
Parties
Applicant: Ouma Maurice Otieno t/a O. M. Otieno & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Application E062 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Adoption of Certificate of Costs as Judgment
Outcome
Application allowed; certificate of costs adopted as judgment; interest awarded; stay of execution granted.
Judges
MS Shariff
Legal Topics
Certificate of Costs, Judgment Entry, Interest on Costs
Source Language
en
Civil Procedure Certificate of Costs Judgment Entry Interest on Costs

Source-derived case record

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Parties

Ouma Maurice Otieno t/a O. M. Otieno & Co. Advocates

Applicant

African Merchant Assurance Co. Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Adoption of Certificate of Costs as Judgment

Legal Issues

  1. 1 Whether the certificate of costs dated 13.10.2022 should be adopted as a judgment of the court.
  2. 2 Whether interest should be awarded on the certified costs and from what date.
  3. 3 Whether a stay of execution should be granted and for how long.

Ratio Decidendi

The court found that the certificate of costs dated 13.10.2022 had not been challenged and that the respondent conceded to its adoption. In accordance with section 51(2) of the Advocates Act, the court adopted the certificate as a judgment, allowing the applicant to enforce it as a decree. The court further exercised its discretion to award interest at 14% per annum from 28.2.2023 until payment in full, as provided under the Advocates (Remuneration) Order. No order was made as to costs, and a stay of execution was granted for 30 days in this and related matters. The ruling was to apply mutatis mutandis to other listed miscellaneous applications.

Court Disposition

Application allowed; certificate of costs adopted as judgment; interest awarded; stay of execution granted.

Orders

  • The certificate of costs dated 13.10.2022 for Kshs.156,134 is adopted as a judgment of the court.
  • The sum shall attract interest at 14% from 28.2.2023 until payment in full.