[2020] KEHC 8719 (KLR)
The court found that the applicant, having acted for the respondent and with the retainer not denied, was entitled to the taxed costs as per the certificate of costs. The court further held that interest at 14% per annum was payable from 30 days after delivery of the bill, specifically from 11.04.19, in accordance...
Source-derived case information.
- Citation
- [2020] KEHC 8719 (KLR)
- Parties
- Applicant: Otieno C.O. Ayayo & Company Advocates; Respondent: Jane Adhiambo Odero
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 40 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as 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
Otieno C.O. Ayayo & Company Advocates
Applicant
Jane Adhiambo Odero
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs issued after taxation should be adopted as a judgment and decree of the court.
- 2 Whether the applicant is entitled to interest at 14% per annum from the date specified until payment in full.
- 3 Whether the applicant is entitled to the costs of the application.
Ratio Decidendi
The court found that the applicant, having acted for the respondent and with the retainer not denied, was entitled to the taxed costs as per the certificate of costs. The court further held that interest at 14% per annum was payable from 30 days after delivery of the bill, specifically from 11.04.19, in accordance with Rule 7 of the Advocates Remuneration Order. The respondent did not contest the application or the retainer, and there was no dispute as to the amount. Therefore, the application to adopt the certificate of costs as a judgment and decree was allowed, with interest and costs as prayed.
Court Disposition
application allowed
Orders
- Judgment is entered for the advocate against the respondent for Kshs. 571,720.20.
- Interest shall be paid at 14% per annum from 11th April, 2019 until payment in full.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
MISC. CIVIL APPLICATION NO 40 OF 2019
BETWEEN
OTIENO C.O. AYAYO & COMPANY ADVOCATES...APPLICANT/ADVOCATE
AND
JANE ADHIAMBO ODERO................................................RESPONDENT/CLIENT
RULING
1. By a Notice of Motion dated 06th May,2019, brought under the provisions of Section 51 of the Advocates Act, the Applicant/Advocate seeks the following orders:
1) That the certificate of costs issued herein in respect of taxation order made on 03. 04. 19 for the sum of Kshs. 571,720. 20 (five hundred seventy-one thousand, seven hundred and twenty shillings and twenty cents) be adopted as judgment and decree of this Honourable Court together with interest at 14% p.a from 03. 04. 19 until payment in full
2) That costs of this application be borne by the Client/Respondent
2. The Respondent though served neither opposed the application nor sent representation when the matter came up for hearing on 28. 01. 2020.
3. I have considered the Application in the light of the supporting affidavit and annexures thereto. The bill of costs was taxed at Kshs. 571,720. 20 (five hundred seventy-one thousand, seven hundred and twenty shillings and twenty cents)and a certificate in respect thereof dated 03. 04. 19 was issued on 11. 04. 19.
4. It is not disputed that the advocate acted for the client in MBITA ELC NO. 10 OF 2017. Since retainer is not denied, the Advocate/Applicant is entitled to its costs.
5. 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.”
6. The bill of costs was sent to the Respondent/Client on 07. 03. 19 and interest is payable from 30 days of such delivery. The claim for interest from 11. 04. 19 gives an allowance for delivery of the notice and shall be the date that interest starts to accrue.
7. The upshot of this is that Notice of Motion dated 06th May,2019 succeeds and is allowed in the following terms:
a)Judgment is hereby entered for the advocate against the Respondent forKshs. 571,720. 20 (five hundred seventy-one thousand, seven hundred and twenty shillings and twenty cents)
b) Interest shall be paid at 14% from 11th April, 2019 till payment in full
c) The Advocate will also have the costs of this application.
DATED, DELIVERED AND SIGNED ON THIS 06thDAY OF February 2020
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Amondi/Okodoi
For Applicant/Advocate - N/A
For Respondent/Client - N/A