Ameli Inyangu & Partners Advocates v Apokori Logistics Limited [2023] KEHC 27241 (KLR)

Ameli Inyangu & Partners Advocates v Apokori Logistics Limited (Miscellaneous Civil Application 29 of 2020) [2023] KEHC 27241 (KLR) (14 December 2023) (Ruling)

Neutral citation: [2023] KEHC 27241 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Civil Application 29 of 2020

DKN Magare, J

December 14, 2023

Between

Ameli Inyangu & Partners Advocates

Applicant

and

Apokori Logistics Limited

Respondent

Ruling

1. The applicant filed a bill of costs dated 19. 1.2016. the same was taxed on 31. 8.2018 at Kshs. 200,283. 22 by the Deputy Registrar, Hon. D. Wasike. The applicant filed another Miscellaneous Application No. 29 of 2020 for entry of judgment. This is not of proper cause. The proper proceeding is to file the application in the same file that the bill was taxed in. However, there is no prejudice in dealing with it separately to avoid loss of paper trail, this Miscellaneous Application shall after this be consolidated with Misc. 17 of 2016.

2. I am satisfied that the court was properly served. The bill was taxed on 31. 8.2018. A Certificate of Costs was issued on 23. 11. 2018. The client is alleged to have been served on 1. 11. 2018. The Letter informs the client deals with a separate matter of a taxed Costs Kshs. 200,000/= and costs of – 16,075. This is not service of taxed costs. Costs were taxed at Kshs. 200,293. 22. This is the amount that was to be demanded and no other. Consequently, the court is unable to award costs before the entry of judgment. It is important that parties serve the Certificate of Costs before filing the application. The application for entry of Judgment is justified, and merited. I am inclined to allow the same.

Determination 3. The upshot of the foregoing I make the following orders:-a.The taxed costs duly taxed before advocates and client in Mombasa HCCC Misc. 17 of 2016, being for services rendered on 2256 of 2011 are due and payable by the Respondents/ Client.b.Consequently, I enter Judgment for Kshs. 200,293. 22 in favour of the Applicant against the Respondentsc.Interests at court rates be applied after 30 days from service of the decree herein.d.Each party to bear their own costs.

DELIVERED, DATED AND SIGNED AT MOMBASA ON THIS 14TH DAY OF DECEMBER, 2023. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of: -Ms Otuya for the ApplicantNo appearance for the RespondentCourt Assistant - Brian