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ELCPartially AllowedNot stated in the judgment· [2024] KEELC 7239 (KLR)

Ndiritu & 100 others v Ahmed & 3 others (Environment and Land Case Civil Suit 98 of 2010) [2024] KEELC 7239 (KLR)

Not stated in the judgment (delivered at Nairobi)
29 October 2024
403 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nairobi court entered judgment for Kshs. 415,000 in legal costs against losing plaintiffs but refused their opponent's request for 14% interest.

What this practically means

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Executive summary

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The plaintiffs' suit was dismissed with costs to the defendants on 8.12.2022. The Deputy Registrar thereafter taxed the 1st defendant's bill of costs at Kshs. 415,000 and that of the 2nd, 3rd and 4th defendants at Kshs. 404,360, with a certificate of costs for the 1st defendant issued on 4.9.2024. The 1st defendant then moved the court by Notice of Motion dated 1.10.2024 seeking judgment for Kshs. 415,000 in terms of the certificate, plus interest at 14% per annum from 27.5.2023 (30 days after service of the bill of costs), and costs of the application. The application was served but not opposed. Justice Lucy N. Mbugua applied the Supreme Court's guidance in Tullow Oil PLC & 3 Others v PS Ministry of Energy & 15 Others that a meritorious unopposed application may be granted without much ado, and held that entry of judgment follows a certificate of taxation in the terms set out in the certificate. However, the court declined the claim for interest, noting that its judgment of 8.12.2022 made no award of interest on any amount and that judgment, not having been reviewed, could not be expanded through this application. The application dated 1.10.2024 was allowed in terms of prayers 2 and 4 only: judgment was entered for the 1st defendant for Kshs. 415,000 as per the certificate of costs, the interest prayer was dismissed, and costs of the application were provided for.

Key legal issues

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01

Entry of judgment on an unopposed application based on a certificate of taxation

Holding

Judgment entered for the 1st Defendant for the taxed sum of Kshs. 415,000 as per the certificate of costs issued on 4.9.2024.

Reasoning

The bill of costs was taxed at Kshs. 415,000 and a certificate of costs was issued on 4.9.2024. The application was served but no response was filed. Relying on the Tullow Oil decision, the court held that a meritorious unopposed application should be granted without much ado, and that judgment follows a certificate of taxation in the terms set out in the certificate.

p. 2
02

Claim for interest at 14% per annum from the date of service of the bill of costs

Holding

Refused; the underlying judgment of 8.12.2022 made no award of interest and had not been reviewed, so the court could not grant interest.

Reasoning

The applicant sought 14% interest per annum from 27.5.2023, being 30 days after service of the bill of costs. The court noted that its judgment of 8.12.2022 dismissed the suit without any award of interest on any amount, and since that judgment has not been reviewed, it could not purport to add an interest award through the present application. That prayer was therefore dismissed.

p. 2

Legal principles established

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  • Where an application is unopposed and the court sees merit in it, it should be granted without much ado.
  • Upon issuance of a certificate of taxation by the Deputy Registrar, judgment should be entered in terms of that certificate.

Court orders

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  1. 1.Judgment entered for the 1st Defendant against the Plaintiffs for Kshs. 415,000 as per the Certificate of Costs issued on 4 September 2024 (prayer 2)
  2. 2.Prayer 3 seeking interest at 14% per annum from 27.5.2023 dismissed
  3. 3.Application dated 1.10.2024 allowed in terms of prayer 2 and 4 only
Jurisdiction invoked
First-instance jurisdiction over the suit; application for entry of judgment on a certificate of taxation issued by the Deputy Registrar

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ndiritu & 100 others v Ahmed & 3 others (Environment and Land Case Civil Suit 98 of 2010) [2024] KEELC 7239 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7239/eng@2024-10-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.