[2024] KEHC 8089 (KLR)
The court found that the applicant's bill of costs had been taxed by the Deputy Registrar and a certificate of costs issued. There was no reference or challenge to the certificate, and the respondent had not opposed the application or appeared in the matter. The court held that, in accordance with Section 51(2) of...
Source-derived case information.
- Citation
- [2024] KEHC 8089 (KLR)
- Parties
- Applicant: Onsongo & Company Advocates; Respondent: County Assembly of Homabay Service Board
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E062 of 2023
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Entry of Judgment on Taxed Costs
- Outcome
- judgment entered for applicant
- Judges
- RE Aburili
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Costs, Entry of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onsongo & Company Advocates
Applicant
County Assembly of Homabay Service Board
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the advocate 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 found that the applicant's bill of costs had been taxed by the Deputy Registrar and a certificate of costs issued. There was no reference or challenge to the certificate, and the respondent had not opposed the application or appeared in the matter. The court held that, in accordance with Section 51(2) of the Advocates Act, judgment should be entered for the applicant for the amount certified. Further, pursuant to Rule 7 of the Advocates Remuneration Order, interest at 14% per annum was awarded from one month after service of the bill of costs, as the respondent had been served and had not settled the amount. The court therefore entered judgment for the applicant in the sum of...
Court Disposition
judgment entered for applicant
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs 290,812 as per the certificate of costs issued on 22nd May, 2023.
- The costs shall earn interest at 14% per annum from 9th June, 2023 until payment in full.
Full Case Text
Judgment text and source record
24 paragraphs
Onsongo & Company Advocates v County Assembly of Homabay Service Board (Miscellaneous Civil Application E062 of 2023) [2024] KEHC 8089 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 8089 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E062 of 2023
RE Aburili, J
June 28, 2024
Between
Onsongo & Company Advocates
Applicant
and
The County Assembly of Homabay Service Board
Respondent
Ruling
1. I have considered the application dated 25th May, 2024, the grounds and supporting affidavit of Richard B. Onsongo advocate/ applicant sworn on 24th May 2023.
2. I note that this is an advocate/ client costs matter wherein the taxation was done by the Deputy Registrar on 17th August, 2023. To date, there is no reference filed challenging the certificate of costs issued on 22nd May, 2023 and neither is there any dispute as to retainer.
3. The respondent was served with the bill of costs and date for taxation but no appearance or opposition was made or filed. Neither have they filed any opposition to the application herein seeking for an entry of judgment in terms of the certificate of costs stated above.
4. The services were rendered by the advocate in Kisumu Court of Appeal Civil Appeal No E036 of 2021. The Deputy Registrar taxed the bill of costs dated 18th May, 2023 at Kshs 290, 812.
5. Accordingly, I hereby enter judgment for the applicant against the respondents in the sum of Kshs 290, 812 as per the certificate of costs issued on 22nd May, 2023.
6. On interest, pursuant to Rule 7 of the Advocates Remuneration Order, I order that the costs shall earn interest at 14% per annum from 9th June, 2023, one month from the date when the itemised bill was served on the respondents were served with the said bill, which was on 9/5/2023.
7. Decree to issue.
8. Each Party to bear their own costs of the application.
9. Mention on 8th August, 2024 before the Deputy Registrar, to confirm settlement or any other directions to be given.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF JUNE, 2024R.E. ABURILIJUDGE