[2023] KEHC 26870 (KLR)
The court found that the applicant had served the respondent with the itemized bill of costs, which remained unpaid and unchallenged. The bill was taxed ex parte due to the respondent's non-participation. The court held that, under rule 7 of the Advocates Remuneration Order, the applicant was entitled to interest at...
Source-derived case information.
- Citation
- [2023] KEHC 26870 (KLR)
- Parties
- Applicant: Otieno Ragot & Company Advocates; Respondent: County Government of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E020 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for applicant; taxed costs and interest awarded; each party to bear own costs of application
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Fees, 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
County Government of Kisumu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
- 2 Whether the applicant is entitled to interest at 14% per annum from 30 days after service of the bill of costs.
- 3 Whether the respondent is liable for costs of the application.
Ratio Decidendi
The court found that the applicant had served the respondent with the itemized bill of costs, which remained unpaid and unchallenged. The bill was taxed ex parte due to the respondent's non-participation. The court held that, under rule 7 of the Advocates Remuneration Order, the applicant was entitled to interest at 14% per annum from 30 days after service of the bill. The absence of opposition or appearance by the respondent justified entry of judgment for the taxed sum. To bring the fee dispute to an end, the court ordered each party to bear its own costs for the application.
Court Disposition
judgment for applicant; taxed costs and interest awarded; each party to bear own costs of application
Orders
- Judgment entered for the applicant for Kshs 156,060 as per the certificate of costs dated April 4, 2023.
- The sum of Kshs 156,060 will attract interest at 14% per annum from January 5, 2023 until payment in full.
Full Case Text
Judgment text and source record
23 paragraphs
Otieno Ragot & Company Advocates v County Government of Kisumu (Miscellaneous Civil Application E020 of 2023) [2023] KEHC 26870 (KLR) (13 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26870 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E020 of 2023
RE Aburili, J
December 13, 2023
Between
Otieno Ragot & Company Advocates
Applicant
and
County Government of Kisumu
Respondent
Ruling
1. The applicant is the Law Firm of Otieno, Ragot & Company Advocates. Vide their application dated August 18, 2023, sought orders Judgment and Decree of the Court be entered and issued in their favour, upon adoption of the certificate of taxation dated April 4, 2023 for the sum of kshs 156,060 being advocate client bill of costs as assessed. They also seek for interest at 14% per annum from 5th January, 2023.
2. The Applicant’s Advocate/Client Bill of Costs was taxed in the sum of Kshs 156,060.
3. The basis for the claim for interest is that on December 6, 2022, the Applicant delivered its itemized bill of costs to the client the County Government of Kisumu, which bill was not settled hence the filing into court. The Advocate believes that, pursuant to rule 7 of the Advocates Remuneration Order, they are entitled to recover interest from a date which falls 30 days after the proforma invoice was delivered to the Client.
4. The bill of costs was taxed exparte after the client failed to make any representation despite service of the same.
5. The client was also served with the application subject of this ruling but no appearance was made or opposition raised to the orders sought.
6. In the result, I enter judgment in favour of the advocate for the sum of Kshs 156,060 in accordance with the certificate of costs dated April 4, 2023. Decree to issue. The said sum will attract Interest at 14% per annum from January 5, 2023 until payment in full (which is 30 days from the date when the bill was served on the client.
7. On costs of the application, in order to bring the client advocate dispute over fees come to an end, I order that each party will meet their own costs of the application dated August 18, 2023.
8. Mention on 31/1/2024 to confirm settlement. The applicant to serve this ruling and decree upon the respondent.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF DECEMBER, 2023R.E. ABURILIJUDGE