[2020] KEHC 8236 (KLR)
The court found that the applicant, having acted for the respondents and with the retainer not denied, was entitled to the taxed costs as per the certificate of costs. Since there was no evidence of when the bill was served on the respondents, interest was awarded from the date of judgment rather than from an...
Source-derived case information.
- Citation
- [2020] KEHC 8236 (KLR)
- Parties
- Applicant: Otieno, Ragot & Company Advocates; Respondent: Dorcas P.M. Oluoch Okeyo; Respondent: Josana Academy Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 151 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Adoption of Certificate of Costs
- 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
Dorcas P.M. Oluoch Okeyo
Respondent
Josana Academy Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Adoption of Certificate of Costs
Legal Issues
- 1 Whether the certificate of costs should be adopted as a judgment 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, having acted for the respondents and with the retainer not denied, was entitled to the taxed costs as per the certificate of costs. Since there was no evidence of when the bill was served on the respondents, interest was awarded from the date of judgment rather than from an earlier date. The respondents did not oppose the application, and the applicant was also awarded the costs of the application. The court thus allowed the application, entering judgment for the applicant for the taxed sum, interest at 14% from the date of judgment, and costs of the application.
Court Disposition
application allowed
Orders
- Judgment entered for the applicant against the respondents for Kshs. 3,132,558.25.
- Interest at 14% per annum to be paid from the date of judgment 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 151 OF 2018
BETWEEN
OTIENO, RAGOT & COMPANY ADVOCATES.............APPLICANT/ADVOCATE
AND
DORCAS P.M. OLUOCH OKEYO.................................1ST RESPONDENT/CLIENT
JOSANA ACADEMY LIMITED....................................2ND RESPONDENT/CLIENT
RULING
1. By a Notice of Motion dated 15th January,2019 and filed on 13th February, 2019, brought under the provisions of Section 51 (2) of the Advocates Act, the Applicant/Advocate seeks the following orders:
1) That the Honourable Court be pleased to adopt the certificate of costs dated 15th October, 2019 for Kshs. 3,132,558. 25 (three million, one hundred thirty-two thousand, five hundred fifty-eight and twenty-five cents) together with interest at 14% from 01. 07. 18 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 12. 02. 2020.
3. I have considered the Application in the light of the supporting affidavit and annexures thereto. The bill of costs was taxed at Kshs. 3,132,558. 25 (three million, one hundred thirty-two thousand, five hundred fifty-eight and twenty-five cents)and a certificate in respect thereof dated 15. 10. 19 was issued on 06. 02. 19.
4. It is not disputed that the advocate acted for the client in KISUMU ELC NO. 69 OF 2013. 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.”
6. This file does not contain evidence of when the bill of costs was served on the Respondents.
7. The upshot of this is that Notice of Motion dated 15th January,2019 and filed on 13th February, 2019 succeeds and is allowed in the following terms:
a)Judgment is hereby entered for the advocate against the Respondent forKshs. 3,132,558. 25 (three million, one hundred thirty-two thousand, five hundred fifty-eight and twenty-five cents)
b) Interest shall be paid at 14% from the date of this judgment till payment in full
c) The Advocate will also have the costs of this application.
DATED, DELIVERED AND SIGNED ON THIS20thDAY OFFEBRUARY, 2020
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Okodoi
For Applicant/Advocate - Ms. Asewe
For Respondents/Clients - N/A