[2024] KEHC 3322 (KLR)

[2024] KEHC 3322 (KLR)

The court found that the certificate of costs dated 11th September 2023, assessed at Kshs.162,875 in favour of the advocate, had not been challenged by the client either by reference or by disputing the retainer. The costs arose from a commercial transaction and not from court proceedings. Applying Section 51(2) of...

Source-derived case information.

Citation
[2024] KEHC 3322 (KLR)
Parties
Applicant: Otieno Yogo, Ojuro & Company Advocates; Respondent: Ajwango Paul Okumu
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Application E074 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs
Outcome
judgment entered for the applicant advocate as per the certificate of costs; decree to issue
Judges
RE Aburili
Legal Topics
Advocate Client Costs, Certificate of Costs, Judgment Entry, Commercial Transaction Fees
Source Language
en
Civil Procedure Commercial and Corporate Advocate Client Costs Certificate of Costs Judgment Entry Commercial Transaction Fees

Source-derived case record

Summary, issues, holding and outcome

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Parties

Otieno Yogo, Ojuro & Company Advocates

Applicant

Ajwango Paul Okumu

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs

Legal Issues

  1. 1 Whether the certificate of costs issued in favour of the advocate should be converted into a judgment and decree of the court under Section 51(2) of the Advocates Act.
  2. 2 Whether there is any valid challenge to the certificate of costs or the advocate's retainer by the client.

Ratio Decidendi

The court found that the certificate of costs dated 11th September 2023, assessed at Kshs.162,875 in favour of the advocate, had not been challenged by the client either by reference or by disputing the retainer. The costs arose from a commercial transaction and not from court proceedings. Applying Section 51(2) of the Advocates Act, the court held that the certificate of costs was final as to the amount and that judgment could be entered for the advocate. The court therefore entered judgment for the applicant in the sum certified and ordered that a decree issue, with no order as to interest or costs of the present proceedings.

Court Disposition

judgment entered for the applicant advocate as per the certificate of costs; decree to issue

Orders

  • Judgment is entered for the Advocate/Applicant in the sum of Kshs.162,875 as per the certificate of costs dated 11th September 2023.
  • Decree to issue and be served upon the Respondent giving him a minimum of ten (10) days to settle before any application for execution can be lodged in court.