[2024] KEHC 7130 (KLR)
The court held that since the taxing master had taxed the bill of costs and issued a certificate of costs, and no reference had been filed by the respondent, the advocate was entitled to judgment for the taxed amount. The court further held that interest at 14% per annum was payable from 30 days after the date of...
Source-derived case information.
- Citation
- [2024] KEHC 7130 (KLR)
- Parties
- Applicant: Ojode & Udoto Advocates; Respondent: County Government of Taita Taveta
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 79 of 2022
- Procedural Posture
- Civil Miscellaneous Application / Ruling on Entry of Judgment for Taxed Costs
- Outcome
- Judgment entered for the applicant for taxed costs with interest; file closed.
- Judges
- DKN Magare
- Legal Topics
- 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
Ojode & Udoto Advocates
Applicant
County Government of Taita Taveta
Respondent
Procedural Posture
Civil Miscellaneous Application / Ruling on Entry of Judgment for Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the advocate against the client for the taxed costs as per the certificate of costs.
- 2 Whether interest is payable on the taxed costs and from what date.
Ratio Decidendi
The court held that since the taxing master had taxed the bill of costs and issued a certificate of costs, and no reference had been filed by the respondent, the advocate was entitled to judgment for the taxed amount. The court further held that interest at 14% per annum was payable from 30 days after the date of the certificate of costs until payment in full, in accordance with the Advocates Act and the Advocates (Remuneration) Order. Accordingly, judgment was entered for the applicant for the sum of Kshs. 467,109 with interest as specified.
Court Disposition
Judgment entered for the applicant for taxed costs with interest; file closed.
Orders
- Judgment is entered for the advocate against the client County Government of Taita Taveta for Kshs. 467,109.
- The same shall attract interest at 14% per annum from 9/11/2023 till payment in full.
Full Case Text
Judgment text and source record
18 paragraphs
Ojode & Udoto Advocates v County Government of Taita Taveta (Civil Miscellaneous Application 79 of 2022) [2024] KEHC 7130 (KLR) (13 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7130 (KLR)
Republic of Kenya
In the High Court at Mombasa
Civil Miscellaneous Application 79 of 2022
DKN Magare, J
June 13, 2024
Between
Ojode & Udoto Advocates
Applicant
and
County Government of Taita Taveta
Respondent
Ruling
1. The taxing Master taxed the bill of costs at Kshs. 467,109/= on 9/10/2023. The court issued a certificate of costs on 9/10/2023. There is no reference filed.
2. In the circumstances I direct that Judgment is hereby entered for the Advocate for taxed costs. The said costs shall attract interest from 9/10/2023 at 14% per annum being 30 days from the date of certificate.
Determination 3. In a nutshell I make the following orders:-a.Judgment is entered for the advocate against client County Government of Taita Taveta for Kshs. 467,109/=.b.The same shall attract interest at 14% p.a. from 9/11/2023 till payment in full.c.The file is closed.
DELIVERED, DATED and SIGNED at NYERI on this 13th day of June, 2024. KIZITO MAGAREJUDGEIn the presence of:-Udoto for the ApplicantMugo for the RespondentCourt Assistant - JedidahPage 2 of 2 D.M. KIZITO, J.