[2024] KEHC 3600 (KLR)

[2024] KEHC 3600 (KLR)

The court found that the certificate of costs dated 6th December 2023 had not been challenged by the respondents, and no reference had been filed. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified as due to the advocate. The applicant was therefore entitled to...

Source-derived case information.

Citation
[2024] KEHC 3600 (KLR)
Parties
Applicant: Otieno, Ragot & Company Advocates; Respondent: Winam Chemist Limited; Respondent: Jeconia Kisera Awino
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E121 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Advocate Client Costs
Outcome
Judgment entered for the applicant for the certified costs plus interest; execution stayed pending service and lapse of ten days for settlement.
Judges
RE Aburili
Legal Topics
Advocate Client Costs, Certificate of Costs, Judgment Entry, Execution of Decree
Source Language
en
Civil Procedure Advocate Client Costs Certificate of Costs Judgment Entry Execution of Decree

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Parties

Otieno, Ragot & Company Advocates

Applicant

Winam Chemist Limited

Respondent

Jeconia Kisera Awino

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Advocate Client Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment on the certificate of costs as issued.
  2. 2 Whether execution should be stayed pending service of the order and decree on the respondent.

Ratio Decidendi

The court found that the certificate of costs dated 6th December 2023 had not been challenged by the respondents, and no reference had been filed. Under Section 51(2) of the Advocates Act, the court is empowered to enter judgment for the sum certified as due to the advocate. The applicant was therefore entitled to judgment for Kshs. 260,075 plus interest at 14% per annum from 17th April 2020 until payment in full. However, execution of the decree was stayed until the applicant served the respondent with the order, decree, and certificate of costs, allowing at least ten days for settlement before execution could issue.

Court Disposition

Judgment entered for the applicant for the certified costs plus interest; execution stayed pending service and lapse of ten days for settlement.

Orders

  • Judgment is entered for the applicant/advocate in the sum of Kshs. 260,075 as per the certificate of costs dated 6th December 2023 plus interest at 14% per annum from 17th April 2020 until payment in full.
  • Decree to issue.