[2023] KEHC 2381 (KLR)
The court found that the applicant was issued with a certificate of costs which has neither been set aside nor varied. There was no dispute on retainer, and the respondent did not contest the application despite being served. The court held that the applicant is entitled to judgment for the taxed costs as per the...
Source-derived case information.
- Citation
- [2023] KEHC 2381 (KLR)
- Parties
- Applicant: Mbugwa, Atudo & Macharia Advocates; Respondent: Kenya Alliance Insurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E022 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Entry of Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the taxed costs with interest and costs of the application.
- Judges
- KW Kiarie
- Legal Topics
- Advocate Client Costs, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mbugwa, Atudo & Macharia Advocates
Applicant
Kenya Alliance Insurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant for the taxed advocate/client bill of costs as per the certificate of costs.
- 2 Whether the applicant is entitled to interest at 14% per annum from April 16, 2018 until payment in full.
- 3 Whether the respondent has raised any dispute on retainer or challenged the certificate of costs.
Ratio Decidendi
The court found that the applicant was issued with a certificate of costs which has neither been set aside nor varied. There was no dispute on retainer, and the respondent did not contest the application despite being served. The court held that the applicant is entitled to judgment for the taxed costs as per the certificate, together with interest at the claimed rate, and awarded costs of the application to the applicant.
Court Disposition
Application allowed. Judgment entered for the applicant for the taxed costs with interest and costs of the application.
Orders
- Judgment is entered for the applicant for Kshs 427,930 as per the certificate of costs dated July 8, 2022.
- Interest at the rate of 14% per annum from April 16, 2018 until payment in full is awarded.
Full Case Text
Judgment text and source record
19 paragraphs
Mbugwa, Atudo & Macharia Advocates v Kenya Alliance Insurance Co. Ltd (Miscellaneous Civil Application E022 of 2022) [2023] KEHC 2381 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2381 (KLR)
Republic of Kenya
In the High Court at Homa Bay
Miscellaneous Civil Application E022 of 2022
KW Kiarie, J
March 28, 2023
Between
Mbugwa, Atudo & Macharia Advocates
Applicant
and
Kenya Alliance Insurance Co. Ltd
Respondent
Ruling
1. The applicant moved the court by way of notice of motion dated October 17, 2022 under sections 51 (2) of the Advocates Act & schedule 7 of the Advocates Remuneration Order as well as under Order 51 Rule 1 of the Civil Procedure Rules, 2010. The applicant is seeking the following orders:a.That judgment be and is hereby entered or Kshs 427,930/- for the taxed advocate/client bill of costs as contained in the Certificate of Costs dated July 8, 2022 with interest thereon at the rate of 14% per annum with effect from April 16, 2018 until payment in full.b.That costs of the application be and is herein be awarded to the advocate/applicant.
2. The application is premised on the following grounds:a.That the advocate/applicant was issued with a certificate of costs of his costs in Homa Bay HCCA No 12 of 2016 in the matter The Kenyan Alliance Insurance Co. Ltd vs Benard Okeyo Ajwang.b.That the Certificate of Costs dated July 8, 2022 had neither been settled no has it been set aside and or varied through an order of this honorable court.c.That there is no dispute on retainer between the parties.d.That despite demand, the advocate/applicant has been denied legal fees, disbursements and other related expenses by the respondent for an extended period of time and the monetary value of the legal fees has been grossly eroded by the incidence of inflation over the years, hence the advocate/applicant’s claim for interest.e.That it is in the interest of justice that the orders sough herein be granted.
3. The respondent was served but did not respond to the application.
4. I have perused the record and the supporting affidavit of Pinto Nelson Atudo. I find the application has merits. The same is allowed with costs.
DELIVERED AND SIGNED AT HOMA BAY THIS 28TH DAY OF MARCH, 2023KIARIE WAWERU KIARIEJUDGE.