[2021] KEHC 4714 (KLR)
The court held that the Certificate of Costs issued by the taxing officer is final and conclusive as to the amount due, as it has not been set aside or varied. There was no dispute as to the retainer, as the respondent expressly acknowledged the applicant had acted as his advocate. The court therefore entered...
Source-derived case information.
- Citation
- [2021] KEHC 4714 (KLR)
- Parties
- Applicant: Omaya & Co. Advocates; Respondent: Joseph Okello Odeyo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 185 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment entered for applicant for taxed costs with interest and costs of the application
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omaya & Co. Advocates
Applicant
Joseph Okello Odeyo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on the taxed costs as certified by the taxing officer.
- 2 Whether interest on the taxed costs should accrue from the date of taxation or an earlier date.
- 3 Whether the respondent can dispute the retainer or the amount certified.
Ratio Decidendi
The court held that the Certificate of Costs issued by the taxing officer is final and conclusive as to the amount due, as it has not been set aside or varied. There was no dispute as to the retainer, as the respondent expressly acknowledged the applicant had acted as his advocate. The court therefore entered judgment for the applicant in the sum certified, with interest accruing from 30 days after the date of taxation, as per the applicable legal principles. The court declined to award interest from an earlier date, finding that the respondent could not be faulted for not paying the initial bill, which was subsequently reduced upon taxation. Costs of the application were also awarded to...
Court Disposition
judgment entered for applicant for taxed costs with interest and costs of the application
Orders
- Judgment is entered in favour of the applicant for Kshs 80,753.18.
- The sum shall attract interest at court rates from 5th August 2019 until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. CIVIL APPL. NO. 185 OF 2018
OMAYA CO. ADVOCATES..............................................APPLICANT
-VERSUS-
JOSEPH OKELLO ODEYO........................................RESPONDENT
RULING
The application dated 4th December 2020 is for judgment to be entered in favour of the Applicant, OMAYA & CO. ADVOCATES, in respect of taxed costs.
1. On 4th July 2019 the learned Taxing Officer, Hon. A. Odawo taxed the Advocate/Client Bill of Costs in the sum of Kshs 80,753. 18.
2. On 15th November 2019, the Taxing Officer issued a Certificate of Costs. The said certificate has neither been set aside nor varied. Accordingly, it is deemed to be final as to the amount reflected on the face thereof.
3. Secondly, the record of the proceedings on 12th November 2018 show that the Respondent, JOSEPH OKELLO ODEYO, expressly stated that the Applicant had done some work for him, in the capacity of an advocate.
4. In the result, I find that there is no dispute as to retainer.
5. I do therefore enter judgment in favour of the Applicant for the sum of Kshs 80,753. 18.
6. The said sum will attract interest at Court rates from 5th August 2019 until payment in full.
7. The date from which interest is applicable has been determined by the Court, by counting 30 days from the date when the Bill of Costs was taxed.
8. I decline to order that interest be payable from 15th November 2018, because although that might be a date which is 30 days from when the Bill of Costs was first presented to the Respondent, the Respondent cannot be faulted for not paying that Bill because when it was later taxed, the amount payable was reduced from Kshs 133,823. 04 which the Applicant had first demanded.
9. The costs of the application are awarded to the Applicant.
10. It is so ordered.
DATED, SIGNED AND DELIVERED AT KISUMU
THIS 28TH DAY OF JULY 2021
FRED A. OCHIENG
JUDGE