[2019] KEHC 2693 (KLR)
The court found that the Certificate of Taxation dated 15.5.2019, certifying advocate/client costs at KShs.880,374.00, was not challenged by the respondent through any reference or objection. The statutory period for challenging the certificate had lapsed. In the absence of any opposition, the court held that the...
Source-derived case information.
- Citation
- [2019] KEHC 2693 (KLR)
- Parties
- Applicant: Odhiambo Owiti & Company Advocate; Respondent: Dominion Farm Ltd
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 7 of 2019
- Procedural Posture
- Miscellaneous Civil Application / Judgment
- Outcome
- judgment for the applicant/advocate in terms of the certificate of taxation with interest; each party to bear own costs of the application.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odhiambo Owiti & Company Advocate
Applicant
Dominion Farm Ltd
Respondent
Procedural Posture
Miscellaneous Civil Application / Judgment
Legal Issues
- 1 Whether the Certificate of Taxation for advocate/client costs should be adopted as a judgment of the court.
- 2 Whether there is any valid objection or reference challenging the Certificate of Taxation.
- 3 Whether interest should be awarded on the taxed costs.
Ratio Decidendi
The court found that the Certificate of Taxation dated 15.5.2019, certifying advocate/client costs at KShs.880,374.00, was not challenged by the respondent through any reference or objection. The statutory period for challenging the certificate had lapsed. In the absence of any opposition, the court held that the applicant was entitled to judgment in terms of the certificate, together with interest at 14% per annum from the date of taxation until payment in full. The court further ordered that each party bear their own costs for the application to prevent further escalation of costs and to bring the litigation to an end.
Court Disposition
judgment for the applicant/advocate in terms of the certificate of taxation with interest; each party to bear own costs of the application.
Orders
- Judgment entered for the applicant/advocate in the sum of KShs.880,374.00 as per the Certificate of Taxation dated 15.5.2019.
- Interest awarded at 14% per annum from 15.5.2019 until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLANEOUS CIVIL APPLICATION NO. 7 OF 2019
ODHIAMBO OWITI &COMPANY ADVOCATE.....…………...APPLICANT
VERSUS
DOMINION FARM LTD ……………………………………… RESPONDENT
JUDGMENT
1. The Notice of Motion dated 2. 10. 2019 seeks for adoption of the Certificate of costs certifying Advocate/Client costs at KShs.880,374. 00 on 15. 5.2019, by the Deputy Registrar of the Court.
2. The Respondents were served as per the affidavit of service dated 23rd October 2019 but have not appeared to oppose the application
3. The costs arise from the Professional Legal Services rendered by the Advocate/Applicant to the Respondent/Client in Siaya PMCC No. 96B of 2017-Lachlan Kenya v Dominion Farms Limited.
4. There is no Reference or objection filed to this Court challenging the Certificate of Taxation of costs. That being the case, and as the period for lodging a Reference has lapsed, I find the application merited.
5. I grant the prayers sought and enter judgment for the Applicant/Advocate in terms of the Certificate of Taxation dated 15. 5.2019 in the sum of Kshs.880,374. 00 together with interest thereon at 14% p.a. from 15. 5.2019 date of taxation until payment in full. Decree to issue.
6. To avoid escalation of further costs and to bring this litigation to an end, I order that each party shall bear their own costs of this application dated 2. 10. 2019.
Dated, Signed and delivered this 6th day of November, 2019.
R.E. ABURILI
JUDGE
In the presence of:
Miss Osewe Advocate for the Applicant Advocate
N/A for the Respondent
CA: Winnie and Modestar