[2023] KEHC 26077 (KLR)

[2023] KEHC 26077 (KLR)

The court found that the certificate of costs issued on 6th April 2023 had not been challenged by the client, as no reference or objection was filed. There was also no dispute as to the existence of a retainer. In accordance with Section 51(2) of the Advocates Act, the court held that the advocate was entitled to...

Source-derived case information.

Citation
[2023] KEHC 26077 (KLR)
Parties
Applicant: Otieno, Yogo, Ojuro & Company Advocates; Respondent: Dominion Farms Ltd
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E076 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
judgment entered for the advocate/applicant for taxed costs with interest; decree to issue; each party to bear own costs of the application
Judges
RE Aburili
Legal Topics
Advocate Client Costs, Taxation of Costs, Certificate of Costs
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Certificate of Costs

Source-derived case record

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Parties

Otieno, Yogo, Ojuro & Company Advocates

Applicant

Dominion Farms Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the advocate is entitled to judgment for taxed costs under Section 51(2) of the Advocates Act.
  2. 2 Whether there is any dispute as to retainer or reference filed by the client.

Ratio Decidendi

The court found that the certificate of costs issued on 6th April 2023 had not been challenged by the client, as no reference or objection was filed. There was also no dispute as to the existence of a retainer. In accordance with Section 51(2) of the Advocates Act, the court held that the advocate was entitled to judgment for the taxed costs as certified. The court therefore entered judgment for the applicant in the sum of Kshs.327,000 together with interest at 14% per annum from the date of taxation. The court further directed that a decree be issued and served upon the respondent before execution could proceed.

Court Disposition

judgment entered for the advocate/applicant for taxed costs with interest; decree to issue; each party to bear own costs of the application

Orders

  • Judgment entered for the applicant in the sum of Kshs.327,000 as per the certificate of costs dated 6th April 2023.
  • Interest at 14% per annum from 6th April 2023 until payment in full.