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Otieno t/a OM Otieno & Co Advocates v African Merchant Assurance Company Limited (Miscellaneous Application E008 of 2022) [2023] KEHC 22853 (KLR) (29 September 2023) (Ruling)

[2023] KEHC 22853 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
22853
Citation
[2023] KEHC 22853 (KLR)
Decided
29 September 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent RespondedCoramRL KORIR
Holding

The court adopts the certificate of taxation dated October 25, 2022 for the amount of Kshs 95,656/= all inclusive as the judgment of the court. The amount shall attract interest at 14% per annum from the date of the issuance of the certificate of taxation.

Facts

The applicant moved the court for orders regarding a bill of costs taxed and allowed at Kshs 95,656/=, and a certificate of costs. The respondent was served with the bill of costs on February 28, 2022.

Issues

  1. Adoption of the certificate of taxation
  2. Interest on the taxed amount

Reasoning

The court found that interest can be charged by the applicant one month after the bill of costs has been served to the respondent, and the applicant had not been paid.

Outcome

The court adopts the certificate of taxation and orders interest to be charged on the taxed amount.

Orders

  • Adoption of the certificate of taxation for the amount of Kshs 95,656/= all inclusive as the judgment of the court.
  • Interest at 14% per annum from the date of the issuance of the certificate of taxation (October 25, 2022) on the taxed amount.

Authorities cited

Legislation (2)
  • Advocate’s Act cap 16 Laws of Kenya
  • Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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