[2023] KEHC 26350 (KLR)

[2023] KEHC 26350 (KLR)

The court found that the applicant had complied with all procedural requirements for entry of judgment on taxed costs, including service of the bill of costs and obtaining a certificate of costs. The respondent did not contest the application or participate in the proceedings. In the absence of any challenge to the...

Source-derived case information.

Citation
[2023] KEHC 26350 (KLR)
Parties
Applicant: Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates; Respondent: African Merchant Assurance Company Ltd
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 88 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed costs with interest; file closed
Judges
DKN Magare
Legal Topics
Advocate Client Costs, Taxation of Costs, Certificate of Costs, Interest on Costs
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Certificate of Costs Interest on Costs

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Parties

Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates

Applicant

African Merchant Assurance Company Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered for the applicant against the respondent for the sum taxed and certified by the Deputy Registrar.
  2. 2 Whether interest should be awarded on the certified costs from the date of certification.

Ratio Decidendi

The court found that the applicant had complied with all procedural requirements for entry of judgment on taxed costs, including service of the bill of costs and obtaining a certificate of costs. The respondent did not contest the application or participate in the proceedings. In the absence of any challenge to the certificate of costs, and pursuant to Section 51(2) of the Advocates Act, the court was satisfied that judgment should be entered for the applicant for the certified sum. The court further held that interest was payable from thirty days after the date of certification, in accordance with Rule 7 of the Advocates Remuneration Order.

Court Disposition

application allowed; judgment entered for applicant for taxed costs with interest; file closed

Orders

  • Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 16/5/2023 for Kshs. 153,125.00.
  • Interest is awarded on the sum effective 16/6/2023, being thirty days after certification of the taxation.