[2023] KEHC 26608 (KLR)

[2023] KEHC 26608 (KLR)

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other processes. There was no evidence of any dispute as to the retainer or any active opposition from the respondent. Under section 51(2) of the Advocates Act, once a certificate of costs has been...

Source-derived case information.

Citation
[2023] KEHC 26608 (KLR)
Parties
Applicant: Ouma Maurice Otieno trading as OM Otieno & Co Advocates; Respondent: African Merchant Assurance Company Ltd
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 98 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for certified costs with interest
Judges
DKN Magare
Legal Topics
Advocate Client Costs, Taxation of Costs, Entry of Judgment on Certified Costs
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Entry of Judgment on Certified Costs

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Parties

Ouma Maurice Otieno trading as OM Otieno & Co Advocates

Applicant

African Merchant Assurance Company Ltd

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 sum taxed and certified by the deputy registrar.
  2. 2 Whether interest should be awarded 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 processes. There was no evidence of any dispute as to the retainer or any active opposition from the respondent. Under section 51(2) of the Advocates Act, once a certificate of costs has been issued and there is no dispute as to retainer, judgment should be entered for the certified sum. The court further held that interest on the certified costs is payable from 30 days after the date of certification, in accordance with rule 7 of the Advocates Remuneration Order. Accordingly, judgment was entered for the applicant for Kes 71,945.00 with interest effective June 16, 2023,...

Court Disposition

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

Orders

  • Judgment is entered for the applicant against the respondent in terms of the certificate of costs dated May 16, 2023 for Kes 71,945.00.
  • Interest is awarded on the certified sum effective June 16, 2023, being 30 days after certification of taxation.