[2020] KEHC 8739 (KLR)
The court found that the advocate acted for the client in Kisumu CMCC No. 183 of 2016 and the retainer was not denied. The bill of costs was taxed at Kshs. 146,117.60 and a certificate of costs was issued. The respondent was served with the notice of taxation but did not oppose the application or appear in court....
Source-derived case information.
- Citation
- [2020] KEHC 8739 (KLR)
- Parties
- Applicant: Otieno, Ragot & Company Advocates; Respondent: Mohamed Ali Motha
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 84 of 2019
- 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 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
Mohamed Ali Motha
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Adoption of Certificate of Costs
Legal Issues
- 1 Whether the certificate of costs issued to the advocate should be adopted as a judgment of the court.
- 2 Whether the advocate is entitled to interest on the taxed costs and from what date such interest should accrue.
Ratio Decidendi
The court found that the advocate acted for the client in Kisumu CMCC No. 183 of 2016 and the retainer was not denied. The bill of costs was taxed at Kshs. 146,117.60 and a certificate of costs was issued. The respondent was served with the notice of taxation but did not oppose the application or appear in court. Applying Section 51(2) of the Advocates Act, the court held that the advocate was entitled to judgment for the taxed costs. Regarding interest, the court applied Rule 7 of the Advocates Remuneration Order, finding that interest at 14% per annum was payable from one month after delivery of the bill, i.e., from 28th July, 2019. The application was therefore allowed as prayed, with...
Court Disposition
application allowed
Orders
- Judgment entered for the advocate against the respondent for Kshs. 146,117.60.
- Interest to be paid at 14% per annum from 28th July, 2019 until payment in full.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
MISC. CIVIL APPLICATION NO 84 OF 2019
BETWEEN
OTIENO, RAGOT & COMPANY ADVOCATES.............APPLICANT/ADVOCATE
AND
MOHAMED ALI MOTHA......................................................RESPONDENT/CLIENT
RULING
1. By a Notice of Motion dated 06th December,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 03rd October, 2019 for Kshs. 146,117. 60 (one hundred forty-six thousand, one hundred and seventeen shillings and sixty cents) together with interest from 03. 10. 19 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 30. 01. 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. 146,117. 60 (one hundred forty-six thousand, one hundred and seventeen shillings and sixty cents)and a certificate in respect thereof dated 03. 10. 19 was issued on 16. 10. 19.
4. It is not disputed that the advocate acted for the client in KISUMU CMCC NO. 183 OF 2016. 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. The notice of taxation of the bill of costs was served on the Respondent/Client on 28. 06. 19 and interest is payable from one month after such delivery. Interest shall therefore accrue at 14% per annum from 28. 07. 19.
7. The upshot of this is that Notice of Motion dated Notice of Motion dated 06th May,2019 succeeds and is allowed in the following terms:
a)Judgment is hereby entered for the advocate against the Respondent forKshs. 146,117. 60 (one hundred forty-six thousand, one hundred and seventeen shillings and sixty cents)
b) Interest shall be paid at 14% from 28th July, 2019 till payment in full
c) The Advocate will also have the costs of this application.
DATED, DELIVERED AND SIGNED ON THIS 06thDAY OF February, 2020
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Amondi/Okodoi
For Applicant/Advocate - Mr. Ragot
For Respondent/Client - N/A