[2022] KEHC 11734 (KLR)
The court found that the application for adoption of the certificate of costs was unopposed. In the absence of any objection or contrary argument, the court allowed the application as prayed, thereby adopting the certificate of costs as a judgment of the court. The court recognized the applicant's entitlement to the...
Source-derived case information.
- Citation
- [2022] KEHC 11734 (KLR)
- Parties
- Applicant: Owiti Otieno & Ragot, Advocates; Respondent: Music Copyright Society of Kenya
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Cause 63 of 2019
- Procedural Posture
- Miscellaneous Civil Cause / Judgment
- Outcome
- Application allowed as prayed.
- Judges
- WM Musyoka
- Legal Topics
- Taxation of Costs, Certificate of Costs, Adoption of Costs, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Owiti Otieno & Ragot, Advocates
Applicant
Music Copyright Society of Kenya
Respondent
Procedural Posture
Miscellaneous Civil Cause / Judgment
Legal Issues
- 1 Whether the certificate of costs issued on 18th November 2019 should be adopted as a judgment of the court.
- 2 Whether the applicant is entitled to interest and costs as prayed.
Ratio Decidendi
The court found that the application for adoption of the certificate of costs was unopposed. In the absence of any objection or contrary argument, the court allowed the application as prayed, thereby adopting the certificate of costs as a judgment of the court. The court recognized the applicant's entitlement to the taxed costs, interest, and further costs as sought in the motion, in accordance with the applicable legal framework governing taxation and enforcement of costs in civil proceedings.
Court Disposition
Application allowed as prayed.
Orders
- The certificate of costs dated 18th November 2019 for Kshs. 726,450.00 is adopted as a judgment of the court.
- The applicant is entitled to interest and costs as prayed.
Full Case Text
Judgment text and source record
17 paragraphs
Owiti Otieno & Ragot, Advocates v Music Copyright Society of Kenya (Miscellaneous Civil Cause 63 of 2019) [2022] KEHC 11734 (KLR) (13 May 2022) (Judgment)
Neutral citation: [2022] KEHC 11734 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Civil Cause 63 of 2019
WM Musyoka, J
May 13, 2022
Between
Owiti Otieno & Ragot, Advocates
Applicant
and
Music Copyright Society of Kenya
Respondent
Judgment
1. The Motion dated 22nd January 2020 seeks adoption of a certificate of costs, issued on the basis of a taxation order made on 18th November 2019, for Kshs. 726, 450. 00, together with interests, and costs, as a judgment of this court.
2. The application is not opposed, and I, consequently, allow the same as prayed.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 13th DAY OF May 2022W MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Mr. Otieno, instructed by Owiti, Otieno & Company Advocates, for the applicant.Ms. Wambani, instructed by O’Kubasu & Munene, Advocates, for the respondent.