In the application dated 20.02.2023, the Plaintiff seeks judgment on taxed costs together with interest thereon at 14% per annum. I hold that the application is incompetent on the ground that the taxation of costs on a party and party basis is as a result of the order on costs in the judgment. Once the order on costs has been entered in the judgment, the only issue left is for ascertainment of those costs by way of taxation of the party and party bill of costs.
Once the costs due to the other party have been certified, the order can be executed as it is already part of the judgment. The court cannot enter another judgment in the same suit once there is already judgment on costs.
There is also no basis of interest at 14% as this was not in the judgment and there is no application for review.
The application dated 20.02.2023 is struck out with no order as to costs.
DATED and DELIVERED at NAIROBI this 8th day of NOVEMBER 2023
D. S. MAJANJA
JUDGE