[2020] KEHC 261 (KLR)
The court held that the applicant was entitled to judgment for the sum certified in the certificate of costs, as the respondent did not oppose the application and there was no evidence to challenge the certificate. The court further determined that interest should accrue from one month after the respondent was...
Source-derived case information.
- Citation
- [2020] KEHC 261 (KLR)
- Parties
- Applicant: Otieno, Ragot & Co. Advocates; Respondent: Sharif Ahmed Wasug
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 121 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
- Outcome
- application allowed
- Legal Topics
- Taxation of Costs, Advocate Client 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
Sharif Ahmed Wasug
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs dated 5th October 2017 should be adopted as a judgment of the court.
- 2 From which date interest on the taxed costs should accrue.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court held that the applicant was entitled to judgment for the sum certified in the certificate of costs, as the respondent did not oppose the application and there was no evidence to challenge the certificate. The court further determined that interest should accrue from one month after the respondent was notified of the taxed costs, specifically from 4th April 2020, since the respondent was first notified on 4th March 2020. The court also awarded the applicant the costs of the application.
Court Disposition
application allowed
Orders
- Judgment entered for the applicant for Kshs 332,731.67.
- Interest at 14% per annum awarded from 4th April 2020 until payment in full.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
MISC. CIVIL APPLICATION NO. 121 OF 2017
OTIENO, RAGOT & CO. ADVOCATES.......APPLICANT
-VERSUS-
SHARIF AHMED WASUG...........................RESPONDENT
RULING
The application before me was made pursuant to Section 51of the Advocates Act. It is an application seeking to have the Certificate of Costs dated 5th October 2017 adopted as a Judgment.
1. The sum awarded to the Applicant, as reflected on the said Certificate of Costs, is Kshs 332,731. 67.
2. Although the Respondent was duly served with the application, he did not file any response to it. In effect, the application was unopposed.
3. The Applicant asked the court to award Interest on the costs, at the rate of 14% per annum, with effect from 5th October 2017.
4. When the court inquired from the Applicant the reason for asking that Interest should accrue from 5th 4. October 2017, Miss Osewe, the learned advocate for the Applicant told the court that it was because that was the date when the Advocate/Applicant had delivered the Certificate of Costs, to the Client/Respondent.
5. In the light of that answer, the Court asked the Applicant to shed light on the date when the Respondent was first made aware of the quantum of the taxed costs.
6. I raised that issue after noting that the Respondent was absent during the process of taxation. In the circumstances, it occurred to me that the Respondent would not have been aware of the taxed costs until the same was brought to his attention.
7. Secondly, I noted that although the Advocate/Client Bill of Costs was taxed on 5th October 2017, it was not until 13th February 2020 that the Applicant sought and was issued with the Certificate of Costs.
8. The Applicant informed the Court that the Respondent was first notified about the taxed costs on 4th March 2020.
9. In the circumstances, I now grant Judgment in favour of the Applicant, for the sum of Kshs 332,731. 67, together with interest at 14% per annum from 4th April 2020, until payment in full.
10. The applicable date from when interest accrues is informed by the fact that it is a date that falls upon the expiration of one month from the date the Client/Respondent was first made aware of the taxed costs which he was obliged to settle.
11. Finally, the costs of the application dated 25th February 2020 are awarded to the Applicant.
DATED, SIGNED and DELIVERED at KISUMU This10thday of November2020
FRED A. OCHIENG
JUDGE