[2025] KEHC 3811 (KLR)

[2025] KEHC 3811 (KLR)

The court found that the applicant was entitled to judgment for the sum certified in the certificate of taxation, as the respondent had not objected to, altered, or set aside the certificate. The respondent's concession to the application further removed any substantive dispute. The court therefore entered judgment...

Source-derived case information.

Citation
[2025] KEHC 3811 (KLR)
Parties
Applicant: Sophie Chirchir t/a Cherono Chirchir & Co. Advocates; Respondent: Africa Merchant Assurance Co. Ltd
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application E195 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant; no order as to costs
Judges
DO Chepkwony
Legal Topics
Taxation of Costs, Certificate of Taxation, Entry of Judgment, Interest on Costs
Source Language
en
Civil Procedure Taxation of Costs Certificate of Taxation Entry of Judgment Interest on Costs

Source-derived case record

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Parties

Sophie Chirchir t/a Cherono Chirchir & Co. Advocates

Applicant

Africa Merchant Assurance Co. Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered for the applicant based on the certificate of taxation.
  2. 2 Whether the respondent has any valid objection to the application for judgment on taxed costs.
  3. 3 Whether costs should be awarded to the applicant.

Ratio Decidendi

The court found that the applicant was entitled to judgment for the sum certified in the certificate of taxation, as the respondent had not objected to, altered, or set aside the certificate. The respondent's concession to the application further removed any substantive dispute. The court therefore entered judgment for the applicant for Kshs. 118,435.40 with interest at 14% per annum from 19th August, 2024 until payment in full. However, given the respondent's concession and lack of opposition, the court exercised its discretion and made no order as to costs of the application.

Court Disposition

application allowed; judgment entered for applicant; no order as to costs

Orders

  • Judgment is entered for the applicant against the respondent for Kshs. 118,435.40 together with interest at 14% per annum from 19th August, 2024 until payment in full.
  • There shall be no orders for costs.