[2023] KEHC 26358 (KLR)

[2023] KEHC 26358 (KLR)

The court held that since the applicant's costs had been taxed and certified by the Deputy Registrar and there was no evidence of the respondent challenging or setting aside the certificate of costs, judgment should be entered for the applicant for the certified sum. The court further held that interest was payable...

Source-derived case information.

Citation
[2023] KEHC 26358 (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 64 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed and certified 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

Source-derived case record

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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 costs from the date of certification.

Ratio Decidendi

The court held that since the applicant's costs had been taxed and certified by the Deputy Registrar and there was no evidence of the respondent challenging or setting aside the certificate of costs, judgment should be entered for the applicant for the certified sum. The court further held that interest was payable from 30 days after the date of certification, in accordance with Rule 7 of the Advocates Remuneration Order. The absence of opposition or participation by the respondent reinforced the applicant's entitlement to the orders sought.

Court Disposition

application allowed; judgment entered for applicant for taxed and certified 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 Kshs. 187,165.00.
  • Interest to accrue from 17/6/2023, being 30 days after certification of taxation.