Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates v Trident Insurance Company Limited (Miscellaneous Application E006 of 2023) [2024] KEHC 4950 (KLR) (9 May 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 4950
- Citation
- [2024] KEHC 4950 (KLR)
- Decided
- 9 May 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent did not participate; Applicant seeks judgment for costsCoramKIZITO MAGARE
Holding
Judgment is entered for the Applicant in the sum of Kshs 129,195/= with interest from October 29, 2023
Facts
The Applicant filed a bill of costs on May 24, 2023, and the Deputy Registrar certified the costs on September 6, 2023. The Respondent did not participate in the proceedings.
Issues
- Whether the court has discretion to enter judgment on a Certificate of Taxation without dispute as to retainer
- Whether the Respondent's non-participation affects the court's discretion
Reasoning
The court has discretion to enter judgment on the Certificate of Costs without dispute as to retainer, and the Respondent's non-participation does not affect this discretion.
Outcome
Judgment in favor of the Applicant
Orders
- Judgment be and is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 6th September 2023 for Kshs 129,195/=.
- Interest is awarded effective 29/10/2023, 30 days from the date of issue of the certificate of costs.
Authorities cited
Legislation (2)
- Advocates Act
- Civil Procedure Rules
Cases cited (1)
- Musyoka & Wambua Advocates v Rustam Hira Advocate (2006) eKLR
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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