[2025] KEHC 8867 (KLR)

[2025] KEHC 8867 (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 accordance with Section 51(2) of the Advocates Act and the Advocates (Remuneration) Order, the court held that the advocate is entitled to judgment for the...

Source-derived case information.

Citation
[2025] KEHC 8867 (KLR)
Parties
Appellant: Urbanus K & Associates Advocates; Respondent: Trident Insurance Company Limited
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Civil Appeal E014 of 2024
Procedural Posture
Civil Appeal / Ruling on Unopposed Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for appellant for taxed costs plus interest; applicant to bear costs of the application
Judges
AN Ongeri
Legal Topics
Taxation of Costs, Judgment in Default, Advocate Client Disputes
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Judgment in Default Advocate Client Disputes

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Parties

Urbanus K & Associates Advocates

Appellant

Trident Insurance Company Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant 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 accordance with Section 51(2) of the Advocates Act and the Advocates (Remuneration) Order, the court held that the advocate is entitled to judgment for the certified sum, together with interest at 14% from the date of the certificate of costs until payment in full. The absence of opposition or any material disputing the application justified granting the orders sought. The applicant was, however, ordered to bear the costs of the application.

Court Disposition

application allowed; judgment entered for appellant for taxed costs plus interest; applicant to bear costs of the application

Orders

  • Judgment is entered in favour of the Advocate against the Client in the sum of Kshs. 178,132 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.