[2023] KEHC 26351 (KLR)

[2023] KEHC 26351 (KLR)

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other necessary documents on the respondent. The certificate of costs issued by the Deputy Registrar had not been challenged or set aside by the respondent. Under section 51(2) of the Advocates Act, the...

Source-derived case information.

Citation
[2023] KEHC 26351 (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 71 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
Application allowed. Judgment entered for the applicant for the certified costs with interest.
Judges
DKN Magare
Legal Topics
Advocate Client Costs, Taxation of Costs, Entry of Judgment on Certified Costs
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Entry of Judgment on Certified 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 by serving the bill of costs and other necessary documents on the respondent. The certificate of costs issued by the Deputy Registrar had not been challenged or set aside by the respondent. Under section 51(2) of the Advocates Act, the court is mandated to enter judgment for the sum certified as due to the advocate where the certificate of costs remains unchallenged. The court further held that interest on the certified costs is payable from thirty days after the date of certification, in accordance with rule 7 of the Advocates Remuneration Order. As there was no opposition from the respondent, the...

Court Disposition

Application allowed. Judgment entered for the applicant for the certified costs with interest.

Orders

  • Judgment is entered for the applicant against the respondent in the sum of Kshs. 115,905.00 as per the certificate of costs dated 16/11/2022.
  • Interest is awarded on the sum effective 16/12/2022, being 30 days after certification of taxation.