[2023] KEHC 26360 (KLR)
The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other necessary processes. The respondent did not contest the application or participate in the proceedings. The certificate of costs issued by the Deputy Registrar was final and had not been set aside...
Source-derived case information.
- Citation
- [2023] KEHC 26360 (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 56 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 in the sum certified by the Deputy Registrar as taxed costs.
- 2 Whether interest is payable on the certified costs from the date specified.
Ratio Decidendi
The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other necessary processes. The respondent did not contest the application or participate in the proceedings. The certificate of costs issued by the Deputy Registrar was final and had not been set aside or altered. Accordingly, the applicant was entitled to judgment for the certified sum, together with interest as provided by law. The court therefore allowed the application and entered judgment for the applicant in the amount certified, with interest from thirty days after certification of taxation.
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 16/11/2022 for Kshs 187,955.00.
- Interest is awarded thereon effective 16/12/2022, 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 56 of 2021) [2023] KEHC 26360 (KLR) (8 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26360 (KLR)
Republic of Kenya
In the High Court at Kisii
Miscellaneous Civil Application 56 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 Kshs 187,955. 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 16/11/2022 for Kshs 187, 955. 00/=.b.Interest thereon effective 16/12/2022 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 2023. KIZITO MAGAREJUDGEIn the presence of:-M/s O.M. Otieno & Company Advocates for the ApplicantM/s Cheboryot & Company Advocates for the RespondentCourt Assistant - Roselyn