[2021] KEELRC 365 (KLR)
The Court found that the Certificate of Costs issued on 7 September 2020 had not been challenged or settled by the Respondent, who also failed to respond to the Motion. In accordance with Section 51(2) of the Advocates Act, the Court adopted the Certificate of Costs as a judgment. The Court further held that the...
Source-derived case information.
- Citation
- [2021] KEELRC 365 (KLR)
- Parties
- Applicant: Odhiambo Owiti & Co Advocates; Respondent: Equator Bottlers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Cause 32 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Motion to Adopt Certificate of Costs as Judgment
- Outcome
- Certificate of Costs adopted as judgment; interest awarded from 25 November 2019.
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odhiambo Owiti & Co Advocates
Applicant
Equator Bottlers Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Motion to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the Certificate of Costs issued on 7 September 2020 should be adopted as a judgment of the Court.
- 2 Whether the applicant is entitled to interest on the taxed costs from 25 November 2019.
Ratio Decidendi
The Court found that the Certificate of Costs issued on 7 September 2020 had not been challenged or settled by the Respondent, who also failed to respond to the Motion. In accordance with Section 51(2) of the Advocates Act, the Court adopted the Certificate of Costs as a judgment. The Court further held that the applicant was entitled to interest on the taxed costs at court rates from 25 November 2019, as requested in the Motion and not opposed by the Respondent.
Court Disposition
Certificate of Costs adopted as judgment; interest awarded from 25 November 2019.
Orders
- The Certificate of Costs issued on 7 September 2020 is adopted as a judgment of the Court.
- The taxed costs to attract interest at court rates from 25 November 2019.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
MISC CIVIL CAUSE NO. 32 OF 2020
ODHIAMBO OWITI & CO ADVOCATES..........................................ADVOCATE/APPLICANT
VERSUS
EQUATOR BOTTLERS LIMITED..........................................................................RESPONDENT
(Arising from professional services rendered by the advocate/applicant for the
client/Respondent in Original Kisumu ELRC No. 51 of 2018)
BETWEEN
STEVE OKUMU OCHUNG............................................................................................CLAIMANT
VERSUS
EQUATOR BOTTLERS LIMITED..........................................................................RESPONDENT
RULING
1. On 27 August 2020, the Taxing Officer taxed an advocate/client Bill of Costs by the applicant law firm in the sum of Kshs 247,707/15, and she issued a Certificate of Costs on 7 September 2020.
2. The Respondent did not settle the bill, and on 12 February 2021, the applicant filed a Motion with the Court seeking an order adopting the Certificate of Costs as a judgment of the Court.
3. The applicant also sought interest on the costs from 25 November 2019.
4. Despite service, the Respondent did not file any response to the Motion.
5. The Court gave the parties an opportunity to settle the issue of costs, but no agreement was reached.
6. The Court has considered the Motion and supporting affidavit and grants the following orders:
(a) The Certificate of Costs issued on 7 September 2020 is adopted as a judgment of the Court.
(b) The taxed costs to attract interest at court rates from 25 November 2019.
Delivered through Microsoft teams, dated and signed in Kisumu on this 24th day of November 2021.
Radido Stephen, MCIArb
Judge
Appearances
For applicant Owiti, Otieno & Ragot Advocates
For Respondent Kiragu Wathuta & Co. Advocates
Court Assistant Chrispo ura