[2019] KEHC 2163 (KLR)
The court found that the applicant was entitled to have the certificate of costs adopted as a judgment and decree of the court, as the respondent had not opposed the application or disputed the retainer or the taxed amount. The court further held that interest at 14% per annum was payable from 14th July 2019, being...
Source-derived case information.
- Citation
- [2019] KEHC 2163 (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 93 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- 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 & Company Advocates
Applicant
Chemelil Sugar Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Certificate of Costs as Judgment
Legal Issues
- 1 Whether the certificate of costs issued upon taxation should be adopted as a judgment and decree of the court.
- 2 Whether the applicant is entitled to interest on the taxed costs and from what date.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant was entitled to have the certificate of costs adopted as a judgment and decree of the court, as the respondent had not opposed the application or disputed the retainer or the taxed amount. The court further held that interest at 14% per annum was payable from 14th July 2019, being one month after service of the bill of costs on the respondent, until payment in full, in accordance with Rule 7 of the Advocates Remuneration Order. The applicant was also awarded the costs of the application.
Court Disposition
application allowed
Orders
- Judgment entered for the applicant against the respondent for Kshs. 787,808.45.
- Interest at 14% per annum from 14th July 2019 until payment in full.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
MISC. CIVIL APPLICATION NO. 93 OF 2019
BETWEEN
OTIENO, RAGOT & COMPANY ADVOCATES.......APPLICANT/ADVOCATE
AND
CHEMELIL SUGAR COMPANY LIMITED.................RESPONDENT/CLIENT
RULING
1. By a Notice of Motion dated 11th July, 2019 and filed on 17th July, 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 issued herein in respect of taxation order made on 31. 05. 19 for the sum of Kshs. 787,808. 45 (seven hundred eighty-seven thousand, eight hundred eight and forty-five cents) be adopted as judgment and decree of this Honourable Court together with interest at 14% p.a from 30. 06. 19 till 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 01. 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. 787,808. 45 and a certificate in respect thereof dated 10th July, 2019 was issued on 12th July, 2019.
4. The bill arose out of Kisumu HCCC NO. 08 of 2006 Chemelil Sugar Company Ltd v Keiyan Farm. The Respondent has not denied retaining the Advocate to act for it and the Advocate/Applicant is therefore entitled to its costs.
5. The Bill of costs was served on the Respondent/Client on 14th June 2019. I have considered the provisions of Rule 7 of the Advocates Remuneration Order and I find that interest from 14th July, 2019 until payment in full.
6. The upshot of this is that Notice of Motion dated 11th July, 2019 and filed on 17th July, 2019, succeeds and is allowed in the following terms:
a)Judgment is hereby entered for the Advocate/Applicant against the Respondent/Client forKshs. 787,808. 45 (seven hundred eighty-seven thousand, eight hundred eight and forty-five 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 THIS14thDAY OFNovember 2019
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Amondi/Okodoi
For Applicant/Advocate - Ms. Sijenje hb Ms. Onsongo
For Respondent/Client - N/A