Ochieng & another v Mansa East Africa Limited (Miscellaneous Application E074 of 2023) [2024] KEELC 389 (KLR) (31 January 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 389
- Citation
- [2024] KEELC 389 (KLR)
- Decided
- 31 January 2024
The court finds the application merited and enters judgment for the advocate in terms of the certificate of costs dated 26/09/2022.
Facts
The applicants appealed a judgment from the National Environment Tribunal (NET) and subsequently filed a bill of costs. The National Environment Management Authority (NEMA) and the respondent were ordered to pay the taxed costs of Kshs. 3,026,210.
Issues
- Whether the court can enter judgment for the taxed costs in the absence of a suit for judgment on the certificate of costs.
- Whether the respondent's appeal precludes the court from proceeding with the application for adoption of the certificate of costs and granting interest and costs.
Reasoning
The court held that once costs are taxed, the advocate should follow through on the steps provided to institute a suit for recovery of costs and obtain a judgment and decree capable of being executed. The court also noted that the respondent had not set aside or altered the certificate of costs and had not consolidated the application with his appeal.
Outcome
Judgment for the advocate in terms of the certificate of costs dated 26/09/2022.
Orders
- Judgment for the advocate in terms of the certificate of costs dated 26/09/2022.
- No order as to costs.
Remedies
- Judgment for the taxed costs of Kshs. 3,026,210.
Authorities cited
Legislation (1)
- Advocates Act Cap 16 Laws of Kenya
Cases cited (2)
- L.N. Ngolya and Company Advocates vs Jackson Mithi Kilango (2008) eKLR
- Musyoka &Wambua Advocates v RustamHira Advocate (2006) eKLR
Loading judgment…