[2023] KEELC 16027 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of costs issued. Since the respondent did not oppose the application, the court allowed the adoption of the certificate of costs as judgment, granted liberty to execute for recovery of the same, and awarded costs of the application...
Source-derived case information.
- Citation
- [2023] KEELC 16027 (KLR)
- Parties
- Applicant: Michael Wabwile t/a Wabwile & Co Advocates; Respondent: Dorothy Wanjiku Waweru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E18 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Adoption of Certificate of Costs as Judgment
- Outcome
- Application allowed in part.
- Judges
- FM Njoroge
- Legal Topics
- Taxation of Costs, Adoption of Certificate of Costs, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Wabwile t/a Wabwile & Co Advocates
Applicant
Dorothy Wanjiku Waweru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Adoption of Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs should be adopted as judgment against the respondent.
- 2 Whether the applicant is entitled to interest on the taxed costs from the date of the certificate of taxation.
- 3 Whether the applicant is entitled to execute for recovery of the taxed costs.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of costs issued. Since the respondent did not oppose the application, the court allowed the adoption of the certificate of costs as judgment, granted liberty to execute for recovery of the same, and awarded costs of the application to the applicant. However, the court declined to award interest on the taxed costs, holding that the power to grant interest lies with the court that gave the original judgment, not the taxing court. The application was therefore allowed only to the extent of adopting the certificate of costs as judgment, granting execution, and awarding costs of the application.
Court Disposition
Application allowed in part.
Orders
- The amount of Kshs. 2,831,861.60 certified on the certificate of costs dated November 24, 2022 is adopted as judgment against the respondent.
- A decree shall issue in respect of the certificate of costs.
Full Case Text
Judgment text and source record
19 paragraphs
Wabwile t/a Wabwile & Co Advocates v Waweru (Environment and Land Miscellaneous Application E18 of 2022) [2023] KEELC 16027 (KLR) (2 March 2023) (Ruling)
Neutral citation: [2023] KEELC 16027 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment and Land Miscellaneous Application E18 of 2022
FM Njoroge, J
March 2, 2023
Between
Michael Wabwile t/a Wabwile & Co Advocates
Applicant
and
Dorothy Wanjiku Waweru
Respondent
Ruling
1. The Applicant filed a Notice of Motion dated November 29, 2022 seeking the following orders:1. … spent.2. That the court be pleased to order that the amount of Kenya Shillings Two million eight hundred and thirty-one thousand eight hundred and sixty-one and sixty cents (Kshs. 2,831,861. 60/=) only certified on the certificate of costs dated November 24, 2022 be adopted as judgment against the respondent.3. That the taxed costs do attract interest at court rates from the date of issuance of the certificate of taxation until payment in full.4. That a decree be issued in respect of the certificate of costs and that the applicant be at liberty to execute for recovery of the same in such manner as decree of this honourable court.5. That costs of this application be borne by the respondent.
2. Though the respondent filed as notice of appointment of advocate appointing Kimoriot Jemator & Co. as her advocates in the matter, no response to the application was filed and the same therefore is unopposed. The grounds upon which the application is brought are that the applicant’s bill of costs has been taxed and the applicant needs to proceed to execution.
3. I allow the notice of motion dated November 29, 2022 as prayed in prayers No. 2, 4 and 5 thereof only. Interest prayed for in prayer No 3 is denied as that is the preserve of the court that gave judgment in the matter. This file is hereby marked as closed.
It is so ordered.
Dated, signed anddelivered atNakuru via electronic mail on this 2ndday of March, 2023. MWANGI NJOROGEJUDGE, ELC, NAKURU**________________________________________________________________________________**NKR ELC M.A..E18/22-RLG–DF-2. 12. 23 /FH-.19. 1.23/LH-28. 2.23/DR-2. 3.23 Page 2 of 2