Osoro Omwoyo & Co. Advocates v Mbaru & 111 others
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether judgment may be entered on an unchallenged certificate of costs
The application was allowed; judgment was entered for the taxed sum of Kshs 87,878/= with interest at 12% per annum from 6 May 2020.
The advocate/client bill was taxed on 6 May 2020 and a certificate of costs issued on 13 January 2022. No challenge was mounted to the taxing officer's decision or the certificate, which therefore became conclusive as to the amount. The respondents were served but neither responded nor attended, leaving the application unopposed. The court invoked Article 159(2)(b) and (d) of the Constitution and the overriding objective in Sections 1A and 1B of the Civil Procedure Act to enter judgment without further delay.
Legal principles established
#- A certificate of taxation not set aside or altered by the court is final as to the amount of costs covered, and judgment may be entered for the certified sum where the retainer is not disputed.
Court orders
#- 1.Judgment entered against the respondents for a sum of Kshs 87,878/=
- 2.Interest awarded at 12% per annum on the taxed amount of Kshs 87,878/= with effect from 6th May, 2020 until payment in full
- 3.Costs of the application to be borne by the respondents
- Jurisdiction invoked
- Sections 3 and 3A of the Civil Procedure Act; Order 51 rule 1 and Order 21 rule 9(1)(c) of the Civil Procedure Rules; paragraph 11(2) of the Advocates Remuneration Order; Section 51 of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Osoro Omwoyo & Co. Advocates v Mbaru & 111 others", Case Analysis (2022). Miscellaneous Application 3 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/12685/eng@2022-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.