[2024] KEHC 11103 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of costs, since there was no opposition from the respondent and the requirements of Section 51(2) of the Advocates Act had been met. However, the court held that interest at 14% per annum would only accrue from the...
Source-derived case information.
- Citation
- [2024] KEHC 11103 (KLR)
- Parties
- Applicant: Otieno, Yogo, Ojuro & Company Advocates; Respondent: County Government of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E056 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate Client Costs Application
- Outcome
- application allowed in part
- Judges
- RE Aburili
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Otieno, Yogo, Ojuro & Company Advocates
Applicant
County Government of Kisumu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Advocate Client Costs Application
Legal Issues
- 1 Whether the applicant is entitled to judgment in terms of the certificate of costs issued.
- 2 Whether interest at 14% per annum is payable from the date claimed by the applicant.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as per the certificate of costs, since there was no opposition from the respondent and the requirements of Section 51(2) of the Advocates Act had been met. However, the court held that interest at 14% per annum would only accrue from the date the bill of costs was served on the respondent, being 22nd July 2024, as there was no evidence of earlier service to justify interest from the date of taxation. The court declined to award costs of the application, exercising its discretion in the absence of opposition.
Court Disposition
application allowed in part
Orders
- Judgment entered for the applicant in the sum of Kshs.180,375 as taxed on 25th September 2023.
- Interest at 14% per annum to accrue from 22nd July 2024 until payment in full.
Full Case Text
Judgment text and source record
23 paragraphs
Otieno, Yogo, Ojuro & Company Advocates v County Government of Kisumu (Miscellaneous Civil Application E056 of 2023) [2024] KEHC 11103 (KLR) (23 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11103 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E056 of 2023
RE Aburili, J
September 23, 2024
Between
Otieno, Yogo, Ojuro & Company Advocates
Applicant
and
County Government of Kisumu
Respondent
(Arising from the legal services rendered by the Applicant/Advocate to the Respondent/Client in Kisumu HCCA No. 39 of 2020)
Ruling
1. The Applicant/Advocate’s application is dated 10th June 2024. The advocate seeks for an order entering judgment for the advocate against the client in terms of the certificate of costs issued on 5th March 2024 in the sum of Kshs.180,375 with costs of this application and interest at 14% p.a from 25th September 2023.
2. There is no response to the application. There is however no evidence that the bill was served pursuant to Rule 7 of the Advocates Remuneration Order to attract interest at 14% p.a from the stated date.
3. The bill is dated 15th May 2023 and was taxed on 25th September 2023. The Respondent was served on 22nd July 2024.
4. I allow the application dated 10th June 2024. I enter judgment for the Applicant in the sum of Kshs.180,375 as taxed on 25th September 2023 and order that decree do issue.
5. Interest shall accrue on the taxed costs at 14% p.a from 22nd July 2024.
6. I make no orders as to costs of the application dated 10th June 2024.
7. Mention before the Deputy Registrar on 14th October 2024.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE