[2023] KEHC 26352 (KLR)

[2023] KEHC 26352 (KLR)

The court found that the applicant had complied with the necessary procedural requirements by serving the bill of costs and other processes, and that the respondent had not contested the application or raised any dispute as to retainer or the amount taxed. In the absence of any opposition or sufficient reason to the...

Source-derived case information.

Citation
[2023] KEHC 26352 (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 82 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
Taxation of Costs, Advocate Remuneration, Entry of Judgment
Source Language
en
Civil Procedure Taxation of Costs Advocate Remuneration Entry of Judgment

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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 the applicant is entitled to judgment for the taxed and certified costs against the respondent.
  2. 2 Whether interest should be awarded on the certified sum from the date of certification.

Ratio Decidendi

The court found that the applicant had complied with the necessary procedural requirements by serving the bill of costs and other processes, and that the respondent had not contested the application or raised any dispute as to retainer or the amount taxed. In the absence of any opposition or sufficient reason to the contrary, the court was satisfied that judgment should be entered for the applicant for the sum certified in the certificate of costs. The court further held that interest on the certified sum was payable from 30 days after the date of certification, in accordance with Rule 7 of the Advocates Remuneration Order. Accordingly, the application was allowed and judgment entered for...

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 17/5/2023 for KES 84,485.00.
  • Interest is awarded on the sum effective 17/6/2023, being 30 days after certification of taxation.