[2023] KEHC 19104 (KLR)
The court held that since the certificate of costs issued after taxation was not challenged by way of reference, the advocate was entitled to judgment for the taxed amount. The court further found that the advocate was entitled to interest at 14% per annum from December 24, 2015, as the bill was served before...
Source-derived case information.
- Citation
- [2023] KEHC 19104 (KLR)
- Parties
- Applicant: Otieno, Ragot & Co. Advocates; Respondent: County Government of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E115 of 2021
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs plus interest
- Judges
- RE Aburili
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Otieno, Ragot & Co. Advocates
Applicant
County Government of Kisumu
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the advocate based on the taxed costs where no reference has been filed challenging the certificate of costs.
- 2 Whether the applicant is entitled to interest on the taxed costs from the date specified.
Ratio Decidendi
The court held that since the certificate of costs issued after taxation was not challenged by way of reference, the advocate was entitled to judgment for the taxed amount. The court further found that the advocate was entitled to interest at 14% per annum from December 24, 2015, as the bill was served before action. The application for judgment on the taxed costs was therefore allowed, and judgment entered for the advocate for the sum taxed plus interest. Each party was ordered to bear their own costs of the application.
Court Disposition
application allowed; judgment entered for applicant for taxed costs plus interest
Orders
- Judgment entered for the applicant in the sum of Kshs. 174,541.88 against the respondent as taxed on 6th May 2022.
- Interest at 14% per annum from December 24, 2015 until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno, Ragot & Co. Advocates v County Government of Kisumu (Miscellaneous Civil Application E115 of 2021) [2023] KEHC 19104 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19104 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E115 of 2021
RE Aburili, J
June 19, 2023
Between
Otieno, Ragot & Co. Advocates
Applicant
and
County Government of Kisumu
Respondent
(Arising from the professional services rendered by the Applicant/Advocate for the Respondent/Client in original matter Kisumu HCCC No. 139 of 2004)
Ruling
1. This ruling determines an application arising out of a taxation of a bill of costs between advocate and client. As there is no Reference filed challenging the Advocate/Client Certificate of Costs as per the taxation of April 14, 2022, I hereby allow the application dated November 10, 2022 and enter Judgment for the Advocate in the sum of Kshs.174,541. 88 against the Client as taxed on 6th May 2022 plus interest at 14% p.a from December 24, 2015 until payment in full, noting that the Advocate served the Bill before action.
2. Decree to issue for the taxed costs and interest.
3. Each party to bear their own costs of the application dated November 10, 2022.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF MAY, 2023R. E. ABURILIJUDGE