[2023] KEHC 26610 (KLR)

[2023] KEHC 26610 (KLR)

The court found that the applicant had complied with the requirements for entry of judgment under Section 51(2) of the Advocates Act, as there was a certificate of costs issued by the Deputy Registrar and no evidence of a dispute as to retainer or any other sufficient reason to withhold judgment. The respondent did...

Source-derived case information.

Citation
[2023] KEHC 26610 (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 89 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant advocate for certified costs with interest
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 advocate against the respondent client for the sum certified in the certificate of 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 the requirements for entry of judgment under Section 51(2) of the Advocates Act, as there was a certificate of costs issued by the Deputy Registrar and no evidence of a dispute as to retainer or any other sufficient reason to withhold judgment. The respondent did not participate or contest the application. Accordingly, the court allowed the application and entered judgment for the applicant in the sum certified, with interest from 30 days after the date of certification.

Court Disposition

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

Orders

  • Judgment is entered for the applicant against the respondent in the sum of Kshs. 84,165.00 as per the certificate of costs dated 16/5/2023.
  • Interest is awarded on the sum effective 16/6/2023, being 30 days after certification of taxation.