[2018] KEHC 7372 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of costs, there being no opposition from the respondent and no dispute as to retainer. The court considered Rule 7 of the Advocates Remuneration Order regarding interest but found that, as there was no evidence of...
Source-derived case information.
- Citation
- [2018] KEHC 7372 (KLR)
- Parties
- Applicant: K’OPOT & COMPANY ADVOCATES; Respondent: SURJIT & MALKIAT SINGH
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 131 of 2016
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
K’OPOT & COMPANY ADVOCATES
Applicant
SURJIT & MALKIAT SINGH
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of costs.
- 2 Whether interest on the taxed costs is payable under Rule 7 of the Advocates Remuneration Order.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of costs, there being no opposition from the respondent and no dispute as to retainer. The court considered Rule 7 of the Advocates Remuneration Order regarding interest but found that, as there was no evidence of service of the bill of costs, and the applicant did not seek interest, no interest was awarded. The court therefore entered judgment for the applicant for the sum of Kshs. 50,329.50 and awarded the costs of the application to the applicant.
Court Disposition
application allowed
Orders
- Judgment is entered for the advocate against the respondent for Kshs. 50,329.50.
- The advocate will have the costs of this application.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. CIVIL APPLICATION NO 131 OF 2016
K’OPOT & COMPANY ADVOCATES...................APPLICANT/ADVOCATE
VERSUS
SURJIT & MALKIAT SINGH.....................................RESPONDENT/CLIENT
JUDGMENT
1. By a notice of motion dated 29th March, 2017; the applicant prays for orders:-
a.THAT the Honourable Court be pleased to enter judgment and issue decree for the taxed costs of Kshs. 50,329. 50
b.THAT the costs be provided for
2. The motion is premised on the grounds on the body of the application and the supporting affidavit sworn on 29. 3.17 by Stephen Aluoch K’opot, advocate of the High Court of Kenya in which he reiterates the grounds on the face of the application. Annexed to the affidavit is a certificate of costs dated 22nd March, 2017 arising from WINAM SRMCC NO. 208 OF 2001 MUNICIPAL COUNCIL OF KISUMU VERSUS SURJIT SINGH & MALKIAT SINGHand it is for the sum of Kshs. 50,329. 50
3. When the application came for hearing on 18. 4.18, the respondent, though aware of the hearing date, was not represented and did not oppose the application. There is therefore no dispute as to retainer.
4. Regarding interest, I have considered the provisions of Rule 7 of the Advocates Remuneration Order which provides: -
“An advocate may charge interest at 14% per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, providing such claim for interest is raised before the amount of the bill has been paid or tendered in full.”
5. There is no evidence to show when the bill of costs was served and that may explain why applicant is not seeking interest on the costs.
6. The upshot of this is that the notice of motion dated 27. 3.17, succeeds and is allowed in the following terms:
a) Judgment is hereby entered for the advocate against the Respondent for Kshs. 50,329. 50
b) The Advocate will also have the costs of this application.
DATED, DELIVERED AND SIGNED ON THIS 3rdDAY OF May, 2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicant - N/A
Respondent - Mr. Anyumba