[2023] KEHC 26609 (KLR)

[2023] KEHC 26609 (KLR)

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and obtaining a certificate of costs, and that the respondent had not opposed the application or challenged the certificate. Under Section 51(2) of the Advocates Act, judgment may be entered for the sum...

Source-derived case information.

Citation
[2023] KEHC 26609 (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 105 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed and certified costs with interest; file closed
Judges
DKN Magare
Legal Topics
Advocate Client Costs, Taxation of Costs, Certificate of Costs, Interest on Costs
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Certificate of Costs Interest on 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 certified in the certificate of costs.
  2. 2 Whether interest should accrue on the taxed amount from 30 days after certification.

Ratio Decidendi

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and obtaining a certificate of costs, and that the respondent had not opposed the application or challenged the certificate. Under Section 51(2) of the Advocates Act, judgment may be entered for the sum certified as due to an advocate where there is no dispute as to retainer or amount. The court also applied Rule 7 of the Advocates Remuneration Order, granting interest from 30 days after certification. Accordingly, judgment was entered for the applicant for the certified sum with interest, and the file was ordered closed.

Court Disposition

application allowed; judgment entered for applicant for taxed and certified costs with interest; file closed

Orders

  • Judgment is entered for the applicant against the respondent in the sum of Kshs. 115,260 as per the certificate of costs dated 17/5/2023.
  • Interest on the sum awarded shall accrue from 17/6/2023, being 30 days after certification of taxation.