[2025] KEHC 8889 (KLR)
The court found that the application for judgment on taxed costs was duly served on the respondent, who failed to file any response or appear to oppose it. In the absence of opposition and with proof of service, the court allowed the application and entered judgment in favour of the applicant for the taxed sum of...
Source-derived case information.
- Citation
- [2025] KEHC 8889 (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 E015 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for Kshs. 119,768 plus interest at 14% from the date of the certificate of costs until payment in full. Applicant to bear the costs of the application.
- Judges
- AN Ongeri
- Legal Topics
- Taxation of Costs, Judgment in Default, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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 Whether the applicant is entitled to judgment for taxed costs against the respondent where the application is unopposed.
- 2 Whether interest should be awarded on the taxed costs from the date of the certificate of costs.
Ratio Decidendi
The court found that the application for judgment on taxed costs was duly served on the respondent, who failed to file any response or appear to oppose it. In the absence of opposition and with proof of service, the court allowed the application and entered judgment in favour of the applicant for the taxed sum of Kshs. 119,768, together with interest at 14% from the date of the certificate of costs until payment in full. The court further ordered that the applicant bear the costs of the application.
Court Disposition
Application allowed. Judgment entered for the applicant for Kshs. 119,768 plus interest at 14% from the date of the certificate of costs until payment in full. Applicant to bear the costs of the application.
Orders
- Judgment is entered in favour of the applicant against the respondent in the sum of Kshs. 119,768 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.
Full Case Text
Judgment text and source record
20 paragraphs
Urbanus K. & Associates Advocates v Trident Insurance Company Limited (Civil Appeal E015 of 2024) [2025] KEHC 8889 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 8889 (KLR)
Republic of Kenya
In the High Court at Voi
Civil Appeal E015 of 2024
AN Ongeri, J
January 30, 2025
Between
Urbanus K. & Associates Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. The application dated 15th October 2024 was served upon the Respondent and an affidavit of service filed.
2. I find that the application is not opposed since the Respondent has not filed a Replying Affidavit or appeared in court to oppose the same.
3. The application be and is hereby allowed.
4. Judgment be and is hereby entered in favour of the Advocate against the Client in the sum of Kshs. 119,768/= plus interest at 14% from the date of the certificate of costs until payment in full.
5. The Applicant to bear the costs of the application.
DATED, SIGNED AND DELIVERED THIS 30TH DAY OF JANUARY 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: MainaMiss Wamaitha for the ApplicantNo appearance for the Respondent