[2023] KEHC 24071 (KLR)
The court found that the applicant had complied with all procedural requirements by serving the bill of costs and obtaining a certificate of costs, and that the respondent had not contested the application or participated in the proceedings. In accordance with Section 51(2) of the Advocates Act, the court held that...
Source-derived case information.
- Citation
- [2023] KEHC 24071 (KLR)
- Parties
- Applicant: Sherman Nyongesa & Mutubia Advocates; Respondent: Eyden Capital Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 363 of 2016
- 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, Certificate of Costs, Entry of Judgment, Advocates Act Section 51
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sherman Nyongesa & Mutubia Advocates
Applicant
Eyden Capital Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant against the respondent for the sum certified in the certificate of costs.
- 2 Whether interest should be awarded on the taxed amount from the specified date.
Ratio Decidendi
The court found that the applicant had complied with all procedural requirements by serving the bill of costs and obtaining a certificate of costs, and that the respondent had not contested the application or participated in the proceedings. In accordance with Section 51(2) of the Advocates Act, the court held that judgment should be entered for the applicant for the certified sum of Kshs. 118,025, together with interest from 21st August 2023. The absence of opposition and the existence of a valid certificate of costs were determinative.
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 25th February 2022 for Kshs. 118,025.
- Interest to accrue on the sum effective 21st August 2023.
Full Case Text
Judgment text and source record
22 paragraphs
Sherman Nyongesa & Mutubia Advocates v Eyden Capital Limited (Miscellaneous Application 363 of 2016) [2023] KEHC 24071 (KLR) (24 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24071 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application 363 of 2016
DKN Magare, J
October 24, 2023
Between
Sherman Nyongesa & Mutubia Advocates
Applicant
and
Eyden Capital Limited
Respondent
Ruling
1. The Applicant herein filed an Application dated 20th July 2023 substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs. 118,025/= being the sum taxed and certified by the Deputy Registrar on 20th July 2022 as due to the Applicant with interest thereon.
2. Be it as may the Court has already assessed costs at a specific figure, that is, Kshs. 118,025/=.
3. The Application is expressed to be brought under Section 51 (1) & (2) of the Advocates Act.
4. As a fact after filing of the Notice of Motion dated 20th July 2023, there does not appear to be active participation of the Respondent.
5. The Applicant has done his part, serving the bill of costs, and other processes.
6. I am unable to resist the urge to allow the Application. The said Application dated 20th July 2023 is allowed.
Determinationa.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 25th February 2022 for Kshs. 118,025/=.b.Interest thereon effective 21st August 2023. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 24TH DAY OF OCTOBER, 2023KIZITO MAGAREJUDGEIn the presence of:-No appearance or partiesCourt clerk- Brian