[2025] KEHC 8851 (KLR)

[2025] KEHC 8851 (KLR)

The court found that the application for judgment on taxed costs was unopposed, as the respondent neither filed a replying affidavit nor appeared in court. In such circumstances, and in accordance with section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified in the...

Source-derived case information.

Citation
[2025] KEHC 8851 (KLR)
Parties
Applicant: Urbanus K & Associates Advocates; Respondent: Trident Insurance Company Limited
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Civil Appeal E016 of 2024
Procedural Posture
Civil Appeal / Ruling on Unopposed Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed costs plus interest
Judges
AN Ongeri
Legal Topics
Taxation of Costs, Advocate Client Bill, Unopposed Application
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Advocate Client Bill Unopposed Application

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Parties

Urbanus K & Associates Advocates

Applicant

Trident Insurance Company Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Unopposed Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for taxed costs against the respondent where the application is unopposed.
  2. 2 Whether interest is payable on the certified costs from the date of the certificate until payment in full.

Ratio Decidendi

The court found that the application for judgment on taxed costs was unopposed, as the respondent neither filed a replying affidavit nor appeared in court. In such circumstances, and in accordance with section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified in the certificate of costs. The court further held that interest at the rate of 14% per annum is payable from the date of the certificate of costs until payment in full, as provided by the Advocates Remuneration Order. Accordingly, judgment was entered in favour of the applicant for the certified sum plus interest, and the applicant was ordered to bear the costs of the application.

Court Disposition

application allowed; judgment entered for applicant for taxed costs plus interest

Orders

  • Judgment entered in favour of the Advocate against the Client in the sum of Kshs. 224,168 plus interest at 14% from the date of the certificate of costs until payment in full.
  • The Applicant to bear the costs of the application.