[2018] KEHC 7369 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs of Kshs. 96,095 as the respondent did not oppose the application and there was no dispute as to retainer. Interest at 14% per annum was awarded from 30.5.15, being 30 days after the delivery of the bill to the client, in accordance with...
Source-derived case information.
- Citation
- [2018] KEHC 7369 (KLR)
- Parties
- Applicant: Otieno, Ragot & Company Advocates; Respondent: Kenindia Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 42 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
Kenindia Assurance Company 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 at 14% per annum from 30.5.15 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 was entitled to judgment for the taxed costs of Kshs. 96,095 as the respondent did not oppose the application and there was no dispute as to retainer. Interest at 14% per annum was awarded from 30.5.15, being 30 days after the delivery of the bill to the client, in accordance with Rule 7 of the Advocates Remuneration Order. The applicant was also awarded the costs of the application. The court relied on the certificate of taxation as conclusive evidence of the amount due, there being no challenge or payment by the respondent.
Court Disposition
application allowed
Orders
- Judgment entered for the advocate against the respondent for Kshs. 96,095.
- Interest to accrue on the taxed costs at 14% per annum from 30.5.15 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 42 OF 2015
OTIENO, RAGOT & COMPANY ADVOCATES.........APPLICANT/ADVOCATE
VERSUS
KENINDIA ASSURANCE COMPANY LIMITED..........RESPONDENT/CLIENT
JUDGMENT
1. By a notice of motion dated 27. 9.17, 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 29. 9.17 in respect of a taxation order made on 29. 9.17 for the sum of Kshs. 96,095/-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 30. 5.15until 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 Moreen Alinaitwe, advocate of the High Court of Kenya, filed on 27. 9.17. She avers that the client instructed the advocate to act in MASENO PMCC NO. 56 OF 2006 FREDRICK OMONDI V FOAM MATRESSES LIMITED.That the bill of costs was taxed on 29. 9.17 for the sum of Kshs. 96,095/- 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 30. 4.15. Consequently, (30) days from the delivery of the bill to the client expired on 30. 5.15.
6. The upshot of this is that the notice of motion dated 27. 9.17, succeeds and is allowed in the following terms:
a) Judgment is hereby entered for the advocate against the Respondent forKshs. 96,095/-
b) Interest shall accrue on the taxed costs at 14% per annum from30. 5.15until payment in full
c) The Advocate will also have the costs of this application.
DATED, DELIVERED AND SIGNED ON THIS12THDAY OF APRIL 2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistants - Carolyne
Applicant - N/A
Respondent - N/A