[2019] KEHC 2606 (KLR)
The court found that the applicant, having acted for the respondent and with the retainer not being disputed, was entitled to the taxed costs as per the certificate of costs. The bill of costs was delivered to the respondent on 14th June 2019, and under Rule 7 of the Advocates Remuneration Order, interest at 14% per...
Source-derived case information.
- Citation
- [2019] KEHC 2606 (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 98 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, 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 at 14% per annum from the date specified.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant, having acted for the respondent and with the retainer not being disputed, was entitled to the taxed costs as per the certificate of costs. The bill of costs was delivered to the respondent on 14th June 2019, and under Rule 7 of the Advocates Remuneration Order, interest at 14% per annum was payable from 14th July 2019, being 30 days after delivery. The respondent did not oppose the application or contest the retainer or the amount. Accordingly, the court allowed the application, entering judgment for the applicant for the taxed sum, interest at 14% from 14th July 2019 until payment in full, and costs of the application.
Court Disposition
application allowed
Orders
- Judgment entered for the advocate against the respondent for Kshs. 147,265.
- 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 98 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. 147,265/- (one hundred forty-seven thousand, two hundred sixty-five) be adopted as judgment and decree of this Honourable Court together with interest at 14% p.a from 27. 11. 15 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. 147,265/- 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 CMCC 461 of 2007 EZEKIEL AGUMBA OTIENO 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. 147,265/- (one hundred forty-seven thousand, two hundred sixty-five)
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