[2018] KEHC 7368 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued for Kshs. 117,143.04. There was no opposition from the respondent, and no dispute as to retainer. The court applied Rule 7 of the Advocates Remuneration Order, which entitles an advocate to interest at 14% per...
Source-derived case information.
- Citation
- [2018] KEHC 7368 (KLR)
- Parties
- Applicant: Otieno, Ragot & Company Advocates; Respondent: DAS Group Kenya Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 144 of 2016
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Advocate Client Costs, Taxation 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
DAS Group Kenya Limited
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the certificate of costs 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 17.11.16 until payment in full.
- 3 Whether the applicant is entitled to the costs of the application.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued for Kshs. 117,143.04. There was no opposition from the respondent, and no dispute as to retainer. The court applied Rule 7 of the Advocates Remuneration Order, which entitles an advocate to interest at 14% per annum from 30 days after delivery of the bill to the client, which in this case was from 17.11.16. The court concluded that the applicant was entitled to judgment for the taxed amount, interest at the prescribed rate from the specified date, and the costs of the application.
Court Disposition
application allowed
Orders
- Judgment is entered for the advocate against the respondent for Kshs. 117,143.04.
- Interest shall accrue on the taxed costs at 14% per annum from 17.11.16 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
MISC. CIVIL APPLICATION NO 144 OF 2016
OTIENO, RAGOT & COMPANY ADVOCATES................................APPLICANT/ADVOCATE
VERSUS
DAS GROUP KENYA LIMITED..............................................................RESPONDENT/CLIENT
JUDGMENT
1. By a notice of motion dated 1. 3.18, brought under Section 51 of the Advocates Act Cap 16 Laws of Kenya; the applicant prays for orders:-
a. THAT the certificate of costs dated 14. 2.18in respect of a taxation order made on 14. 2.18for the sum of Kshs. 117,143. 04 be adopted as judgment and decree of this Honourable Court
b. THAT the applicant be awarded interest accrued on the costs at 14% per annum from 17. 11. 16until payment in full
c. THAT the costs of this application be borne by client/respondent
2. The motion is premised on the grounds on the body of the application and the supporting affidavit sworn by Martin Osodo, advocate of the High Court of Kenya, on 1. 3.18. He avers that the client instructed the advocate to act in KISUMU CMCC 162 OF 2013DAS GROUP LTD V MAYFAIR HOLDINGS LTD t/a PECHE FOODS.That the bill of costs was taxed on 14. 2.18 for the sum of Kshs. 117,143. 04 and a certificate of taxation was issued for the said sum. That the client has not paid the said amount and the applicant requests for judgment for the entire sum.
3. When the application came for hearing on 10. 4.18, the respondent though served was not represented and did not oppose the application. There is therefore no dispute as to retainer.
4. 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.”
5. The rate of interest awardable is applicable from 30 days after the date of service of the Bill of Costs. There is no evidence to show when the bill of costs was served on the respondent on 17. 10. 16. Consequently, (30) days from the delivery of the bill to the client expired on 17. 11. 16.
6. The upshot of this is that the notice of motion dated 30. 8.17, succeeds and is allowed in the following terms:
a. Judgment is hereby entered for the advocate against the Respondent forKshs. 117,143. 04
b. Interest shall accrue on the taxed costs at 14% per annum from17. 11. 16until payment in full
c. The Advocate will also have the costs of this application.
DATED, DELIVERED AND SIGNED ON THIS12THDAY OF APRIL2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistants - Caroline
Applicant - N/A
Respondent - N/A