[2023] KEHC 25404 (KLR)
The court found that the applicant had obtained a certificate of taxation for Kshs 114,680 and that there was no reference filed or dispute as to retainer pending. In accordance with Section 51(2) of the Advocates Act and the Advocates Remuneration Order, the court held that the advocate/applicant was entitled to...
Source-derived case information.
- Citation
- [2023] KEHC 25404 (KLR)
- Parties
- Applicant: Siganga & Company Advocates; Respondent: AIG Kenya Insurance Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E039 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment entered for applicant on taxed costs
- 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
Siganga & Company Advocates
Applicant
AIG Kenya Insurance Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the advocate/applicant based on the certificate of taxation.
- 2 Whether there is any reference or dispute as to retainer pending that would bar entry of judgment.
- 3 Whether interest is payable on the taxed costs and from what date.
Ratio Decidendi
The court found that the applicant had obtained a certificate of taxation for Kshs 114,680 and that there was no reference filed or dispute as to retainer pending. In accordance with Section 51(2) of the Advocates Act and the Advocates Remuneration Order, the court held that the advocate/applicant was entitled to judgment for the taxed sum as certified, together with interest at 14% per annum from the date of taxation (15th June 2023) until payment in full. The absence of any challenge to the certificate of taxation or the retainer removed any bar to the entry of judgment. The court therefore entered judgment as prayed and issued consequential orders regarding service, settlement, and...
Court Disposition
judgment entered for applicant on taxed costs
Orders
- Judgment entered for the advocate/applicant in the sum of Kshs 114,680 together with interest at 14% per annum from 15th June 2023 until payment in full.
- Decree to issue forthwith.
Full Case Text
Judgment text and source record
22 paragraphs
Siganga & Company Advocates v AIG Kenya Insurance Limited (Miscellaneous Application E039 of 2023) [2023] KEHC 25404 (KLR) (10 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25404 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E039 of 2023
RE Aburili, J
November 10, 2023
Between
Siganga & Company Advocates
Applicant
and
AIG Kenya Insurance Limited
Respondent
Ruling
1. This matter is similar to Misc. Application Numbers E040 and E041 of 2023. The Applicant/Advocate has taxed costs vide certificate of taxation dated 7th August 2023 for Kshs 114,680. There is no reference filed and neither is there any dispute as to retainer pending.
2. I hereby enter judgement for the Advocate/Applicant in the sum of Kshs 114,680 together with interest from 15th June 2023 the date of taxation at 14% p.a until payment in full.
3. Decree to issue forthwith.
4. I make no orders as to costs of the application dated 11th September 2023.
5. The Applicant to serve the Respondent with decree giving ten (10) clear days to settle and only in default shall execution commence.
6. Mention before the Deputy Registrar on 11th December 2023 to confirm settlement and this Ruling to apply to Misc. Application Numbers E040 and E041 of 2023 the difference being the respective amounts of money as per the Certificate of taxation as the parties are the same.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE