[2018] KEHC 7053 (KLR)
The court found that the applicant had established that the bill of costs was taxed and a certificate of taxation issued for Kshs. 158,591.40. The respondent was served but did not oppose the application or dispute the retainer. Under Rule 7 of the Advocates Remuneration Order, the applicant is entitled to interest...
Source-derived case information.
- Citation
- [2018] KEHC 7053 (KLR)
- Parties
- Applicant: Otieno, Ragot & Company Advocates; Respondent: Gabriel Ndolo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 40 of 2015
- Procedural Posture
- Miscellaneous Application / 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
Gabriel Ndolo
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 2.6.15 until payment in full.
- 3 Whether the costs of the application should be borne by the respondent.
Ratio Decidendi
The court found that the applicant had established that the bill of costs was taxed and a certificate of taxation issued for Kshs. 158,591.40. The respondent was served but did not oppose the application or dispute the retainer. Under Rule 7 of the Advocates Remuneration Order, the applicant is entitled to interest at 14% per annum from 30 days after service of the bill, which was effected on 2.5.15, making interest payable from 2.6.15. The court therefore allowed the application, entering judgment for the taxed sum, awarding interest as claimed, and granting the costs of the application to the applicant.
Court Disposition
application allowed
Orders
- Judgment entered for the advocate against the respondent for Kshs. 158,591.40.
- Interest to accrue on the taxed costs at 14% per annum from 2.6.15 until payment in full.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
MISC. CIVIL APPLICATION NO 40 OF 2015
OTIENO, RAGOT & COMPANY ADVOCATES....APPLICANT/ADVOCATE
VERSUS
GABRIEL NDOLO..........................................................RESPONDENT/CLIENT
JUDGMENT
1. By a notice of motion dated 19. 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 28. 2.18 in respect of a taxation order made on 28. 2.18 for the sum of Kshs. 158,591. 40 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 2. 6.15 until payment in full
cTHAT 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 Maureen Alinaitwe, advocate of the High Court of Kenya, on 19. 3.18. He avers that the client instructed the advocate to act in KISUMU CMCC 50 of 2006 Gabriel Okombo Ndolo & Anor v John Nadasaba.That the bill of costs was taxed on 28. 2.18 for the sum of Kshs. 158,591. 40 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 9. 5.18, the respondent though served, did neither appeared nor was he represented. The application is not opposed and 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 evidence that the bill of costs was served on the respondent on 2. 5.15. Consequently, (30) days from the delivery of the bill to the client expired on 2. 6.15.
6. The upshot of this is that the notice of motion dated 19. 3.18, succeeds and is allowed in the following terms:
a) Judgment is hereby entered for the advocate against the Respondent for Kshs. 158,591. 40
b) Interest shall accrue on the taxed costs at 14% per annum from 2. 6.15until payment in full
c) The Advocate will also have the costs of this application.
DATED, DELIVERED AND SIGNED ON THIS 10thDAY OF May, 2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicant - Ms. Alinaitwe
Respondent - N/A