[2019] KEHC 2396 (KLR)
The court found that the applicant acted for the respondent in the referenced suit and that retainer was not denied. The bill of costs was taxed and a certificate issued. The respondent did not oppose the application or deny service. Under Section 51(2) of the Advocates Act, the certificate of costs is sufficient...
Source-derived case information.
- Citation
- [2019] KEHC 2396 (KLR)
- Parties
- Applicant: Otieno, Ragot & Company Advocates; Respondent: Chemelil Sugar Company Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 95 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Taxation of Costs, Advocate Client Relationship, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Otieno, Ragot & Company Advocates
Applicant
Chemelil Sugar Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the certificate of taxed costs 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 under the Advocates Remuneration Order.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant acted for the respondent in the referenced suit and that retainer was not denied. The bill of costs was taxed and a certificate issued. The respondent did not oppose the application or deny service. Under Section 51(2) of the Advocates Act, the certificate of costs is sufficient for entry of judgment. Interest at 14% per annum is payable from 30 days after delivery of the bill, as per Rule 7 of the Advocates Remuneration Order, since the claim for interest was made before payment. The applicant is also entitled to costs of the application. Accordingly, judgment is entered for the applicant for the taxed sum, with interest and costs as prayed.
Court Disposition
application allowed
Orders
- Judgment entered for the applicant against the respondent for Kshs. 72,021.70.
- Interest at 14% per annum from 14th July, 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. 95 OF 2019
BETWEEN
OTIENO, RAGOT & COMPANY ADVOCATES..........APPLICANT/ADVOCATE
AND
CHEMELIL SUGAR COMPANY LIMITED..................RESPONDENT/CLIENT
RULING
1. By a Notice of Motion dated 08th August, 2019, brought under the provisions of Section 51 (2) of the Advocates Act, the Applicant/Advocate seeks the following orders:
1) That the certificate of costs in the sum of Kshs. 72,021. 70 (seventy-two thousand, twenty-one and seventy cents) be adopted as judgment and decree of this Honourable Court together with interest at 14% p.a from 09. 09. 10 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 08. 10. 19.
3. I have considered the Application in the light of the supporting affidavit and annexures thereto. The bill of costs was taxed at Kshs. 72,021. 70 and a certificate in respect thereof dated 24th July, 2019 was issued on 02nd August, 2019.
4. It is not disputed that the advocate acted for the client in NYANDO SRMCC NO. 197 OF 2009 JOHANA KILUI KARATASI V CHEMELIL SUGAR CO. LTD. 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.” (emphasis added).
6. The bill of costs was delivered to the Respondent/client on 14th June, 2019 and interest is payable from 30 days such delivery which is 14th July, 2019.
7. The upshot of this is that Notice of Motion dated 08th August, 2019 succeeds and is allowed in the following terms:
a)Judgment is hereby entered for the advocate against the Respondent forKshs. 72,021. 70 (seventy-two thousand, twenty-one and seventy cents)
b) Interest shall be paid at 14% from 14th July, 2019 till payment in full
c) The Advocate will also have the costs of this application.
DATED, DELIVERED AND SIGNED ON THIS 09thDAY OF October 2019
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Amondi/Okodoi
For Applicant/Advocate - Ms Olonyi/Ms Onsongo
For Respondent/Client - N/A