[2022] KEHC 15387 (KLR)

[2022] KEHC 15387 (KLR)

The court found that the respondent had not filed any response to the application or appeared to challenge the taxation of costs, nor was there any reference filed against the certificate of taxation. In the absence of any challenge, the certificate of taxation was deemed conclusive as to the amount due. The court...

Source-derived case information.

Citation
[2022] KEHC 15387 (KLR)
Parties
Applicant: Owiti, Otieno Ragot Advocates; Respondent: Equator Bottlers Ltd
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Cause E110 of 2021
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Judgment on Taxed Costs
Outcome
judgment entered for applicant advocate for taxed costs with interest; each party to bear own costs of the application
Judges
RE Aburili
Legal Topics
Taxation of Costs, Advocate Client Bill, Certificate of Taxation, Default Judgment
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Advocate Client Bill Certificate of Taxation Default Judgment

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Parties

Owiti, Otieno Ragot Advocates

Applicant

Equator Bottlers Ltd

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered for the applicant advocate against the respondent client for the taxed costs as per the certificate of taxation.
  2. 2 Whether interest is payable on the taxed costs and from what date.
  3. 3 Whether the respondent has challenged the certificate of taxation.

Ratio Decidendi

The court found that the respondent had not filed any response to the application or appeared to challenge the taxation of costs, nor was there any reference filed against the certificate of taxation. In the absence of any challenge, the certificate of taxation was deemed conclusive as to the amount due. The court therefore entered judgment for the applicant advocate against the respondent client for the sum specified in the certificate of taxation, with interest at 14% per annum from May 15, 2021. Each party was ordered to bear their own costs of the application.

Court Disposition

judgment entered for applicant advocate for taxed costs with interest; each party to bear own costs of the application

Orders

  • Judgment entered for the applicant/advocate against the respondent/client in the sum of Kshs 415,796.02 as taxed and contained in the certificate of taxation dated September 30, 2021.
  • The taxed costs shall attract interest of 14% per annum from May 15, 2021.