Automated Summary
Key Facts
The High Court at Kisumu ruled on a Miscellaneous Civil Application E121 of 2023 by Otieno, Ragot & Company Advocates against Winam Chemist Limited and Jeconia Kisera Awini. The application dated 2024-02-27 was served on respondents who neither appeared nor challenged the Certificate of Costs dated 2023-12-06. Judgment was entered for the applicant in Kshs.260,075 plus 14% annual interest from 2020-04-17. Execution delayed until service of documents, with 10 days for settlement. Ruling issued 2024-04-11, with follow-up on 2024-05-23.
Holdings
- Execution is stayed until the Applicant serves the Respondent with the order, decree, and certificate of costs, allowing the Respondent at least ten days to settle the decretal sum.
- The court scheduled a mention before the Deputy Registrar on 23rd May 2024 to confirm the settlement of the decretal sum.
- The application was served upon the Respondent Client via the affidavit of service by James Otieno Okudo. The respondents did not appear, and no challenge was filed against the Certificate of Costs dated 6th December 2023.
- The court made no orders regarding the costs of the application to prevent escalation and ensure the litigation concludes.
- The court entered judgment for the Applicant/Advocate in the sum of Kshs.260,075 as per the Certificate of Costs dated 6th December 2023, plus interest at 14% per annum from 17th April 2020 until payment in full.
- The court ordered that a decree shall issue.
Remedies
- The court entered judgment for the Applicant in the sum of Kshs.260,075 as per the Certificate of Costs dated 6th December 2023, plus interest at 14% per annum from 17th April 2020 until payment in full.
- A decree is to be issued in favor of the Applicant.
- Execution shall not issue until the Applicant serves the Respondent with the order, decree, and certificate of costs, giving the Respondent at least ten days to settle the decretal sum.
Monetary Damages
260075.00
Legal Principles
The court applied costs principles by entering judgment for the Applicant based on the Certificate of Costs dated 6th December 2023 and ordering that execution not be issued until the Respondent is served with the order and has ten days to settle.
Judge Name
R. E. Aburili
Passage Text
- I make no orders as to costs of the application, to avoid escalation of costs and for litigation to come to an end.
- I further order that execution shall not issue until the Applicant has served upon the Respondent a copy of this order plus decree and certificate of costs, giving the Respondent not less than ten (10) days of the date of service, to settle the decretal sum.
- I hereby enter judgment for the Applicant/Advocate in the sum of Kshs.260,075 only as per the Certificate of Costs dated 6th December 2023 plus interest at 14% p.a from 17th April 2020 until payment in full.