[2023] KEHC 26349 (KLR)

[2023] KEHC 26349 (KLR)

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other processes, and that the respondent had not actively participated or raised any dispute as to retainer or the taxed amount. Under Section 51(2) of the Advocates Act, judgment must be entered for the...

Source-derived case information.

Citation
[2023] KEHC 26349 (KLR)
Parties
Applicant: Ouma Maurice Otieno Trading as O.M. 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 70 of 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant for taxed and certified costs with interest; file closed
Judges
DKN Magare
Legal Topics
Advocate Client Costs, Taxation of Costs, Certificate of Costs, Entry of Judgment
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Certificate of Costs Entry of Judgment

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Parties

Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates

Applicant

African Merchant Assurance Company Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for the taxed and certified costs against the respondent.
  2. 2 Whether interest should be awarded on the certified sum from the date of certification.

Ratio Decidendi

The court found that the applicant had complied with all procedural requirements by serving the bill of costs and other processes, and that the respondent had not actively participated or raised any dispute as to retainer or the taxed amount. Under Section 51(2) of the Advocates Act, judgment must be entered for the certified sum where there is no dispute as to retainer. The court further held that interest is payable from thirty days after certification, in accordance with Rule 7 of the Advocates Remuneration Order. Accordingly, judgment was entered for the applicant for the sum of Ksh.163,306.20 with interest from 16/6/2023.

Court Disposition

application allowed; judgment entered for applicant for taxed and certified costs with interest; file closed

Orders

  • Judgment is entered for the applicant against the respondent in terms of the Certificate of Costs dated 16/5/2023 for Kshs.163,306.20.
  • Interest thereon effective 16/6/2023, being 30 days after certification of the taxation.