[2013] KEHC 915 (KLR)
Although the applicant is entitled to have the certificate of costs converted into a decree under section 51 of the Advocates Act, the existence of pending arbitration proceedings and an allowed application in a related matter (Misc. No. 173 of 2012) justifies holding the present matter in abeyance. The respondent...
Source-derived case information.
- Citation
- [2013] KEHC 915 (KLR)
- Parties
- Applicant: Otieno Yogo & Co. Advocates; Respondent: Equity Bank Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 174 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Convert Certificate of Costs Into Decree
- Outcome
- Application held in abeyance pending arbitration proceedings.
- Legal Topics
- Taxation of Costs, Conversion of Certificate to Decree, Stay Pending Arbitration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Otieno Yogo & Co. Advocates
Applicant
Equity Bank Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Convert Certificate of Costs Into Decree
Legal Issues
- 1 Whether the certificate of costs should be converted into a decree and judgment entered for the applicant.
- 2 Whether pending arbitration proceedings justify holding the matter in abeyance.
Ratio Decidendi
Although the applicant is entitled to have the certificate of costs converted into a decree under section 51 of the Advocates Act, the existence of pending arbitration proceedings and an allowed application in a related matter (Misc. No. 173 of 2012) justifies holding the present matter in abeyance. The respondent has not actively prosecuted its application to set aside the taxation, but in the interest of justice and fair play, the court exercises its discretion to stay the conversion of the certificate into a decree pending the outcome of the arbitration. This approach ensures consistency with the related proceedings and avoids prejudicing either party.
Court Disposition
Application held in abeyance pending arbitration proceedings.
Orders
- The matter is held in abeyance pending the arbitration proceedings.
- This order applies to file No. 210 and 211 of 2012.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. 174 OF 2012
OTIENO YOGO & CO. ADVOCATES..........................ADVOCATE/APPLICANT
VERSUS
EQUIPTY BANK LTD......................................................CLIENT/RESPONDENT
R U L I N G
The Notice of Motion by the applicant dated 26-3-2013 prays for orders that:
This court be pleased to convert the certificate of costs issued by this court on 11-3-2013 into a decree and judgment be entered for the Advocate/Applicant in the sum of Kshs. 279,798. 02/= in terms of the certificate of taxation with costs and interest at 14% from 15th August, 2012 till payment in full.
The application is supported by the annexed affidavit of Patrick Otieno Advocate. From the said affidavit it is apparent that costs were taxed and a certificate thereof issued on 28-2-2013. The same were taxed inter partes.
The procedure provided under section 51 of th Advocates Act provides that a decree thereof ought to be obtained once the costs have been taxed.
The respondent has argued through the grounds of opposition filed on 23-7-2013 that there is a pending application dated 28-3-2013 seeking to set aside the decision of the Deputy Registrar and have the bill re-taxed or the same be referred to arbitration.
Respectfully, this is double speak. The bill was taxed inter partes and if the respondent was interested in pursuing its application then it ought to have fixed the same for hearing. Further, there is nothing to show that the respondent has actually taken any steps to prosecute its application.
However, I have perused the application dated 19-10-2012 vide Misc. No. 173 of 2012. The said application has been allowed. I shall for the interest of justice and fair play hold the matter herein in abeyance pending the arbitration proceedings.
This order shall apply to file No. 210 and 211 of 2012. Costs shall be in the cause.
Dated, signed and delivered at Kisumu this 26th day of November, 2013.
H.K. CHEMITEI JUDGE
In the presence of:
…..................................for applicant
…...................................for respondent
HKC/va