[2019] KEHC 2479 (KLR)
The court found that the applicant, having acted for the respondent in the referenced suit and with the retainer not being disputed, was entitled to the taxed costs. The certificate of costs issued after taxation was not challenged by the respondent, and thus, under Section 51(2) of the Advocates Act, it could be...
Source-derived case information.
- Citation
- [2019] KEHC 2479 (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 97 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 Bill, 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 at 14% per annum from the date specified under the Advocates Remuneration Order.
- 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 in the referenced suit and with the retainer not being disputed, was entitled to the taxed costs. The certificate of costs issued after taxation was not challenged by the respondent, and thus, under Section 51(2) of the Advocates Act, it could be adopted as a judgment and decree of the court. Regarding interest, the court applied Rule 7 of the Advocates Remuneration Order, holding that interest at 14% per annum was payable from 30 days after delivery of the bill of costs to the client, which was 14th July, 2019. The respondent's failure to oppose the application or appear in court further supported the grant of the orders...
Court Disposition
application allowed
Orders
- Judgment entered for the advocate against the respondent for Kshs. 118,289.54.
- Interest at 14% per annum from 14th July, 2019 until payment in full.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
(CORAM: CHERERE-J)
MISC. CIVIL APPLICATION NO 97 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 issued herein in respect of taxation order made on 24. 07. 19 for the sum of Kshs. 118,289. 54 (one hundred eighteen thousand, two hundred eighty-nine and fifty-four cents) be adopted as judgment and decree of this Honourable Court together with interest at 14% p.a from 06. 09. 12 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. 118,289. 54 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 KISUMU HCCC NO. 56 OF 2008 CHEMELIL SUGAR CO. LTD V UCHUZI SUPERMARKETS 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. 118,289. 54 (one hundred eighteen thousand, two hundred eighty-nine and fifty-four 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 THIS09thDAY 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