[2018] KEHC 6924 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of taxation, as the respondent did not dispute the principal sum. On the issue of interest, the court applied Rule 7 of the Advocates Remuneration Order, which allows for interest at 14% per annum from one month...
Source-derived case information.
- Citation
- [2018] KEHC 6924 (KLR)
- Parties
- Applicant: Omaya & Company Advocates; Respondent: Athur Joseph Olual (Administrator of the estate of Japheth Okumu Olual)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 23 of 2018
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omaya & Company Advocates
Applicant
Athur Joseph Olual (Administrator of the estate of Japheth Okumu Olual)
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether judgment should be entered for the applicant for the taxed costs as per the certificate of taxation.
- 2 Whether the applicant is entitled to interest at 14% per annum from the date of service of the bill of costs.
- 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 taxed costs as per the certificate of taxation, as the respondent did not dispute the principal sum. On the issue of interest, the court applied Rule 7 of the Advocates Remuneration Order, which allows for interest at 14% per annum from one month after delivery of the bill to the client. Since there was no evidence of the exact date of service, the court deemed the date the respondent's advocates came on record (6th March 2018) as the date of service. Accordingly, interest would accrue from that date until payment in full. The applicant was also awarded the costs of the application.
Court Disposition
application allowed
Orders
- Judgment is entered for the advocate against the respondent for Kshs. 93,359.90.
- Interest shall accrue on the taxed costs at 14% per annum from 6.3.18 until payment in full.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. CIVIL APPLICATION NO 23 OF 2018
OMAYA & COMPANY ADVOCATES.........APPLICANT/ADVOCATE
VERSUS
ATHUR JOSEPH OLUAL(Administrator of the
estate of Japheth OkumuOlual..........................RESPONDENT/CLIENT
JUDGMENT
1. By a notice of motion dated 6. 4.18, brought under Section 51 rule 1 of the Advocates Act Cap 16 Laws of Kenya; the applicant prays for orders:-
a.THAT judgment be entered for the applicant against the respondent at Kshs. 93,359. 90 in accordance with the certificate of costs issued by the Deputy Registrar
b.Interest be awarded at 14% per annum from 27. 8.16until payment in full
c.THAT the costs of this application be provided for
2. The motion is premised on the grounds on the body of the application and the supporting affidavit sworn by Alex Otieno Omaya, advocate of the High Court of Kenya, on 6. 4.18. The court record shows that the advocate acted for the client in KISUMU HCCC ELC NO. 25 OF 2016 JAPHETH OKUMU OLUAL V THE COUNTY GOVERNMENT OF KISUMU & 2 OTHERS.That the bill of costs was taxed for the sum of Kshs. 93,359. 90and a certificate of taxation dated 21. 3.18 was issued for the said sum. The applicant avers that the client has not paid the said amount despite of demand to do so.
3. When the application came for hearing on 9. 5.18, Mr. Maua for the respondent submitted that the respondent was only opposed to interest.
4. Regarding interest, I have considered the provisions of 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.”
5. The rate of interest awardable is applicable from 30 days after the date of service of the Bill of Costs. There is no evidence to show when the bill of costs was served on the respondent but the firm of Mauwa& Company Advocates came on record for the respondent on 6th March 2018 and I will take that date to be the date that the Bill of Costs was served.
6. The upshot of this is that the notice of motion dated 6. 4.18, succeeds and is allowed in the following terms:
a) Judgment is hereby entered for the advocate against the Respondent forKshs. 93,359. 90
b) Interest shall accrue on the taxed costs at 14% per annum from6. 3.18until payment in full
c) The Advocate will also have the costs of this application.
DATED, DELIVERED AND SIGNED ON THIS10thDAY OFMay2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicant - N/A
Respondent - N/A