[2023] KEHC 26607 (KLR)

[2023] KEHC 26607 (KLR)

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other necessary documents on the respondent. There was no evidence of any dispute as to retainer or any objection raised by the respondent. Under section 51(2) of the Advocates Act, a certificate of...

Source-derived case information.

Citation
[2023] KEHC 26607 (KLR)
Parties
Applicant: Ouma Maurice Otieno trading as OM Otieno & Co Advocates; Respondent: African Merchant Assurance
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 91 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed costs with interest
Judges
DKN Magare
Legal Topics
Advocate Client Costs, Taxation of Costs, Entry of Judgment, Interest on Costs
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Entry of Judgment Interest on Costs

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Parties

Ouma Maurice Otieno trading as OM Otieno & Co Advocates

Applicant

African Merchant Assurance

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered for the applicant against the respondent for the taxed and certified costs.
  2. 2 Whether interest is payable on the certified costs from the date of certification.

Ratio Decidendi

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other necessary documents on the respondent. There was no evidence of any dispute as to retainer or any objection raised by the respondent. Under section 51(2) of the Advocates Act, a certificate of costs is sufficient to support entry of judgment in favor of the advocate for the certified sum. The court also applied rule 7 of the Advocates Remuneration Order, granting interest on the certified costs effective thirty days after the date of certification. Accordingly, the application was allowed, judgment was entered for the applicant for Kes 177,900, and interest was awarded...

Court Disposition

application allowed; judgment entered for applicant for taxed costs with interest

Orders

  • Judgment is entered for the applicant against the respondent in terms of the certificate of costs dated May 17, 2023 for Kes 177,900.
  • Interest is awarded on the sum effective June 17, 2023, being 30 days after certification of the taxation.