[2019] KEHC 7143 (KLR)
The court found that the applicant was entitled to judgment for the net balance of taxed costs, as there was no dispute as to the retainer or the amount due. The applicable law, Rule 7 of the Advocates Remuneration Order, allows an advocate to charge interest at 14% per annum from thirty days after the delivery of...
Source-derived case information.
- Citation
- [2019] KEHC 7143 (KLR)
- Parties
- Applicant: Njuguna & Partners Advocates; Respondent: Erick Okeyo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 200 of 2017
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njuguna & Partners Advocates
Applicant
Erick Okeyo
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant is entitled to judgment for the net balance of taxed costs against the respondent.
- 2 Whether interest on the taxed costs should accrue from the date of taxation or judgment, and at what rate.
- 3 Whether the applicant is entitled to the costs of the application.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the net balance of taxed costs, as there was no dispute as to the retainer or the amount due. The applicable law, Rule 7 of the Advocates Remuneration Order, allows an advocate to charge interest at 14% per annum from thirty days after the delivery of the bill to the client, provided the claim for interest is made before payment. The evidence showed that the bill was served on the respondent on 24th November 2017, and thirty days expired on 23rd December 2017. The court therefore held that interest should accrue from 23rd December 2017 until payment in full. The applicant was also awarded the costs of the application.
Court Disposition
application allowed
Orders
- Judgment is entered for the applicant against the respondent for Kshs. 3,415,656.00.
- Interest shall accrue on the taxed costs at 14% per annum from 23rd December 2017 until payment in full.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
((CORAM: CHERERE-J)
MISC. CIVIL APPLICATION NO 200 OF 2017
BETWEEN
NJUGUNA & PARTNERS ADVOCATES....APPLICANT/ADVOCATE
AND
ERICK OKEYO..................................................RESPONDENT/CLIENT
JUDGMENT
1. By a notice of motion dated 27. 06. 18, brought under Section 51 (2) of the Advocates Act Cap 16 Laws of Kenya; the applicant prays for orders: -
a. Judgment be entered for the Applicant against the Respondent for the sum of Kshs. 3,415,656. 00 being the net balance of taxed costs due to the Applicant
b. THAT the Respondent pays interest at costs at 14% per annum from date of taxation until payment in full
c. THAT the Respondent pays the costs of this application
2. When the application came up for hearing on 15. 05. 19, Mr. Omondi advocate for the Respondent submitted that interest ought to run from date of judgment which Mr. Odino advocate for the Applicant conceded.
3. The law relating to interest on taxed costs is to be found under 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.”(Emphasis added)
7. The rate of interest awardable is 14% per annum applicable from 30 days after the date of service of either the Bill of Costs. There is evidence that the Bill of Costs was served on the Respondent on 24th November, 2017 and thirty (30) days from the delivery of the bill to the client expired on 23rd December, 2017.
8. The upshot of this is that the notice of motion dated 27. 06. 18 succeeds and is allowed in the following terms:
a. Judgment is hereby entered for the advocate against the Respondent for Kshs. 3,415,656. 00 (Three million, four hundred fifteen thousand, six hundred fifty-six)
b. Interest shall accrue on the taxed costs at 14% per annum from 23rd December, 2017until payment in full
c. The Advocate is awarded costs of this application.
DATED AND SIGNED IN KISUMU THIS16thDAY OFMay2019
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
For the Applicant /Advocate - N/A
For the Respondent/Client - N/A