[2023] KEHC 27380 (KLR)
The court found that the applicant was entitled to judgment for the sums certified in the certificates of costs issued in Civil Appeal No. 147 of 2019 and Civil Application No. 89 of 2019, as there was no dispute as to the amounts and the respondent had not participated in the proceedings. The court relied on...
Source-derived case information.
- Citation
- [2023] KEHC 27380 (KLR)
- Parties
- Applicant: Yooshin Engineering Corporation; Respondent: Aia Architects Ltd
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application 13 of 2023
- Procedural Posture
- Commercial Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for certified costs and interest
- Judges
- DKN Magare
- Legal Topics
- Taxation of Costs, Certificate of Costs Enforcement, Judgment on Costs, Interest on Judgment Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yooshin Engineering Corporation
Applicant
Aia Architects Ltd
Respondent
Procedural Posture
Commercial Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the sums taxed and certified in the certificates of costs.
- 2 Whether interest should be awarded on the certified sums from the date of judgment.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the sums certified in the certificates of costs issued in Civil Appeal No. 147 of 2019 and Civil Application No. 89 of 2019, as there was no dispute as to the amounts and the respondent had not participated in the proceedings. The court relied on Section 51(2) of the Advocates Act, which allows for judgment to be entered for the sum certified as due in a certificate of costs. The court further held that the applicant was entitled to interest at court rates on the certified sums from the date of judgment. Accordingly, judgment was entered for the applicant for the total sum of Kshs. 1,181,209 with interest at court rates.
Court Disposition
application allowed; judgment entered for applicant for certified costs and interest
Orders
- Judgment is entered for the applicant against the respondent for Kshs. 113,605 as taxed and certified in Civil Application No. 89 of 2019.
- Judgment is entered for the applicant against the respondent for Kshs. 1,067,604 as taxed and certified in Civil Appeal No. 147 of 2019.
Full Case Text
Judgment text and source record
22 paragraphs
Yooshin Engineering Corporation v Aia Architects Ltd (Commercial Miscellaneous Application 13 of 2023) [2023] KEHC 27380 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27380 (KLR)
Republic of Kenya
In the High Court at Mombasa
Commercial Miscellaneous Application 13 of 2023
DKN Magare, J
December 20, 2023
Between
Yooshin Engineering Corporation
Applicant
and
Aia Architects Ltd
Respondent
Ruling
1. The Applicant herein filed an Application dated 19th July 2023 substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs. 1,067,604/= being the sum taxed and certified in Civil Appeal No. 147 of 2019 as stated in the Certificate of Costs dated 27th February 2023 and Kshs. 113,605/= being the sum taxed and certified in Civil Application No. 89 of 2019 as stated in the Certificate of Costs dated 5th December 2022 as due to the Applicant with interest thereon.
2. Be it as may, this Court and the Court of Appeal Court have already assessed costs at a specific figure, that is, Kshs. 113,605/= being the sum taxed and certified in Civil Application No. 89 of 2019 as stated in the Certificate of Costs dated 5th December 2022 and Kshs. 1,067,604/= being the sum taxed and certified in Civil Appeal No. 147 of 2019 as stated in the Certificate of Costs dated 27th February 2023.
3. The Application is expressed to be brought under Section 51 (1) & (2) of the Advocates Act.
4. As a fact after filing of the Notice of Motion dated 27th July 2023, there does not appear to be active participation of the Respondent.
5. The Applicant has done his part, serving the bill of costs, and other processes.
6. The Application dated 27/7/2023 is merited and as such I allow the same.
Determination 7. In the circumstances, Judgment be and is hereby entered for the Applicant against the Respondent in terms: -a.Kshs. 113,605/= being the sum taxed and certified in Civil Application No. 89 of 2019 as stated in the Certificate of Costs dated 5th December 2022;b.Kshs. 1,067,604/= being the sum taxed and certified in Civil Appeal No. 147 of 2019 as stated in the Certificate of Costs dated 27th February 2023. c.The Applicant shall have Interest on (i) and (ii) at court rates effective the date of judgment herein.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 20TH DAY OF DECEMBER, 2023. KIZITO MAGAREJUDGEIn the presence of: -Ms Njage for ApplicantNo appearance for RespondentCourt clerk- Brian