[2022] KEHC 15536 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of taxation dated September 30, 2021, since the respondent had neither filed a response to the application nor challenged the certificate by way of reference. The court further held that interest at 14% per annum...
Source-derived case information.
- Citation
- [2022] KEHC 15536 (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 the applicant for the taxed costs with interest; decree to issue; each party to bear own costs of the application.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Judgment on Taxed Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
- 2 Whether interest is payable on the taxed costs and from what date.
- 3 Whether the respondent has challenged the certificate of taxation.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of taxation dated September 30, 2021, since the respondent had neither filed a response to the application nor challenged the certificate by way of reference. The court further held that interest at 14% per annum was payable from May 15, 2021, and that each party would bear their own costs of the application. The absence of any opposition or challenge by the respondent rendered the applicant's claim uncontroverted, justifying the grant of the orders sought.
Court Disposition
Judgment entered for the applicant for the taxed costs with interest; decree to issue; 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 15th May 2021.
Full Case Text
Judgment text and source record
23 paragraphs
Owiti, Otieno Ragot Advocates v Equator Bottlers Ltd (Miscellaneous Civil Cause E110 of 2021) [2022] KEHC 15536 (KLR) (16 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15536 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Cause E110 of 2021
RE Aburili, J
November 16, 2022
Between
Owiti, Otieno Ragot Advocates
Applicant
and
Equator Bottlers Ltd
Respondent
(Arising from Professional Services rendered by the Applicant for the Respondent in the Original Kisumu CMCC No 425 of 2019)
Ruling
1. The application dated January 27, 2022 was served on the respondent as per the affidavit of Service filed in court on February 7, 2022.
2. There is no response filed. The taxation of costs was also undertaken exparte after the respondent failed to file any response or to appear to defend the same. There is no evidence of any reference filed to challenge the certificate of taxation.
3. In the premises, I hereby enter judgment 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.
4. The taxed costs shall attract interest of 14% p.a from 15th May 2021.
5. Decree to issue forthwith.
6. Each party to bear their own costs of the application dated 27th January 2022.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 16THDAY OF NOVEMBER 2022R. E. ABURILIJUDGE