[2025] KEHC 9331 (KLR)

[2025] KEHC 9331 (KLR)

The court held that the Certificate of Costs dated 13/2/2025, having not been set aside or varied, is final and entitles the advocate to judgment for the certified sum under section 51(2) of the Advocates Act. The respondent did not dispute the certificate or the retainer, and only opposed the interest and sought payment by instalments. The court found that interest at 14% per annum is payable from 30 days after service of the fee note, which was served on 9/11/2018, making the interest run from 10/12/2018. The request for payment by instalments can only be considered after judgment is entered. Accordingly, judgment was entered for the applicant for Kshs.321,678/- plus interest at 14% per...

Citation
[2025] KEHC 9331 (KLR)
Parties
Applicant: Peter M. Karanja Advocate; Respondent: Sammy Traders Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
27 June 2025
Case Number
Civil Miscellaneous Application E293 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Motion for Judgment Under Certificate of Costs
Outcome
application allowed; judgment entered for applicant for certified costs plus interest
Judges
A Mabeya
Legal Topics
Advocate Client Costs, Taxation of Costs, Certificate of Costs, Interest on Costs
Source Language
English
Civil Procedure Advocate Client Costs Taxation of Costs Certificate of Costs Interest on Costs

Case Brief

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Parties

Peter M. Karanja Advocate

Applicant

Sammy Traders Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Motion for Judgment Under Certificate of Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment in terms of the Certificate of Costs dated 13/2/2025.
  2. 2 Whether interest at 14% per annum is payable from 10/12/2018 until payment in full.
  3. 3 Whether the respondent's request for payment by instalments is tenable at this stage.

Ratio Decidendi

The court held that the Certificate of Costs dated 13/2/2025, having not been set aside or varied, is final and entitles the advocate to judgment for the certified sum under section 51(2) of the Advocates Act. The respondent did not dispute the certificate or the retainer, and only opposed the interest and sought payment by instalments. The court found that interest at 14% per annum is payable from 30 days after service of the fee note, which was served on 9/11/2018, making the interest run from 10/12/2018. The request for payment by instalments can only be considered after judgment is entered. Accordingly, judgment was entered for the applicant for Kshs.321,678/- plus interest at 14% per...

Court Disposition

application allowed; judgment entered for applicant for certified costs plus interest

Orders

  • Judgment is entered for the applicant/advocate against the respondent/client for Kshs.321,678/- together with interest at 14% per annum from 10/12/2018 until payment in full.