[2023] KEHC 26357 (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. There was no evidence of any dispute as to retainer or any objection from the respondent, who failed to participate in the proceedings. Accordingly, under Section 51(2)...
Source-derived case information.
- Citation
- [2023] KEHC 26357 (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 93 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, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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 Whether judgment should be entered for the applicant based on the taxed and certified costs.
- 2 Whether interest is payable on the certified sum 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. There was no evidence of any dispute as to retainer or any objection from the respondent, who failed to participate in the proceedings. Accordingly, under Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the certified sum. Interest was awarded from thirty days after the date of certification in line with Rule 7 of the Advocates Remuneration Order. The application was therefore allowed as prayed.
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest
Orders
- Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 16/5/2023 for KES 203,359.00.
- Interest is payable thereon effective 16/6/2023, being 30 days after certification of the taxation.
Full Case Text
Judgment text and source record
21 paragraphs
Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 93 of 2021) [2023] KEHC 26357 (KLR) (8 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26357 (KLR)
Republic of Kenya
In the High Court at Kisii
Miscellaneous Civil Application 93 of 2021
DKN Magare, J
December 8, 2023
Between
Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates
Advocate
and
African Merchant Assurance Company Ltd
Client
Ruling
1. The Applicant herein filed an Application dated 6/6/2023 substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of ksh 203,359. 00 being the sum taxed and certified by the Deputy Registrar on 7/2/2022 as due to the Applicant with interest thereon.
2. The Application is expressed to be brought under Section 51 (1) &(2) of the Advocates Act and rule 7 of the Advocates Remuneration order.
3. After filing of the Notice of Motion dated 6/6/2023, there does not appear to be active participation of the Respondent.
4. The Applicant has done his part, serving the bill of costs, and other processes.
5. I am unable to resist the urge to allow the Application. The said Application dated 6/6/2023 is allowed.
Determination 6. I therefore make the following orders:-a.Judgment be and is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 16/5/2023 for ksh 203,359. 00/=.b.Interest thereon effective 16/6/2023 being 30 days after certification of the taxation.c.The file is closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KISII ON THIS 8TH DAY OF DECEMBER 2023KIZITO MAGAREJUDGEIn the presence of:-M/s O.M. Otieno & Company Advocates for the ApplicantM/s Cheboryot & Company Advocates for the RespondentCourt Assistant - Roselyn