[2023] KEHC 26354 (KLR)

[2023] KEHC 26354 (KLR)

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and obtaining a certificate of costs from the Deputy Registrar. There was no evidence of any dispute as to retainer or any other sufficient reason to withhold judgment. The respondent did not participate or...

Source-derived case information.

Citation
[2023] KEHC 26354 (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 59 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
Judges
DKN Magare
Legal Topics
Taxation of Costs, Advocate Client Bill, Certificate of Costs, Entry of Judgment
Source Language
en
Civil Procedure Taxation of Costs Advocate Client Bill Certificate of Costs 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 judgment should be entered for the applicant based on the certificate of costs issued by the Deputy Registrar.
  2. 2 Whether interest is payable 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 obtaining a certificate of costs from the Deputy Registrar. There was no evidence of any dispute as to retainer or any other sufficient reason to withhold judgment. The respondent did not participate or contest the application. Accordingly, the court held that the applicant was entitled to judgment for the certified sum of Kshs. 146,650, together with interest accruing thirty days after the date of certification, in accordance with the Advocates Act and the Advocates Remuneration Order.

Court Disposition

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

Orders

  • Judgment is entered for the applicant against the respondent in the sum of Kshs. 146,650 as per the certificate of costs dated 16/11/2022.
  • Interest is payable on the sum from 16/12/2022, being thirty days after certification of taxation.