[2022] KEHC 14074 (KLR)
The court found that the applicant's costs had been taxed and a certificate of costs issued on September 30, 2021. No reference or challenge to the taxation had been filed by the respondent, and the respondent did not oppose the application despite service. Under Section 51(2) of the Advocates Act, the certificate...
Source-derived case information.
- Citation
- [2022] KEHC 14074 (KLR)
- Parties
- Applicant: Owiti, Otieno Ragot Advocates; Respondent: Equator Bottlers Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Cause E109 of 2021
- Procedural Posture
- Miscellaneous Civil Cause / Ruling on Application to Adopt Certificate of Costs as Judgment and for Interest
- Outcome
- judgment for applicant; certificate of costs adopted as judgment; interest awarded; each party to bear own costs of application
- Judges
- RE Aburili
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Owiti, Otieno Ragot Advocates
Applicant
Equator Bottlers Ltd
Respondent
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application to Adopt Certificate of Costs as Judgment and for Interest
Legal Issues
- 1 Whether the certificate of costs issued after taxation should be adopted as a judgment and decree of the court.
- 2 Whether the applicant is entitled to interest on the taxed costs at 14% per annum from May 15, 2021 under Rule 7 of the Advocates Remuneration Order.
- 3 Whether the respondent is liable to pay the taxed costs and interest, having not filed a reference or opposed the application.
Ratio Decidendi
The court found that the applicant's costs had been taxed and a certificate of costs issued on September 30, 2021. No reference or challenge to the taxation had been filed by the respondent, and the respondent did not oppose the application despite service. Under Section 51(2) of the Advocates Act, the certificate of costs is final as to the amount unless set aside or altered, and may be adopted as a judgment. The court further held that interest at 14% per annum from May 15, 2021 is payable in accordance with Rule 7 of the Advocates Remuneration Order, as the respondent had been served with the bill and failed to pay. Accordingly, judgment was entered for the applicant in the sum of Kshs...
Court Disposition
judgment for applicant; certificate of costs adopted as judgment; interest awarded; each party to bear own costs of application
Orders
- Judgment entered for Owiti, Otieno Ragot Advocates against Equator Bottlers Ltd in the sum of Kshs 990,443.01 as taxed on September 30, 2021.
- Interest awarded at 14% per annum from May 15, 2021 until payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
Owiti, Otieno Ragot Advocates v Equator Bottlers Ltd (Miscellaneous Civil Cause E109 of 2021) [2022] KEHC 14074 (KLR) (22 September 2022) (Ruling)
Neutral citation: [2022] KEHC 14074 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Cause E109 of 2021
RE Aburili, J
September 22, 2022
Between
Owiti, Otieno Ragot Advocates
Applicant
and
Equator Bottlers Ltd
Respondent
Ruling
1. The applicant/advocate, vide an application dated January 27, 2022 and filed into court on January 31, 2022 seeks for orders that the certificate of costs issued herein in respect of the taxation order made on September 30, 2021 for Kshs 990,443. 01 be adopted as the judgment and decree do issue. He also prays that interest on the said taxed costs be awarded at 14% p.a from May 15, 2021 in accordance with rule 7 of the Advocates Remuneration Order until payment in full. He also prays for costs of the application.
2. The application is supported by the grounds on the face of the Notice of Motion brought under the provisions of Section 51(2) of the Advocates Act r and Rule 7 of theAdvocates Remuneration Order, 2014.
3. In support of the Notice of Motion, the Applicant has sworn an affidavit (by Jael Onyango Advocate) and annexed documents among them, certificate of costs dated September 30, 2021, demand for those costs dated April 12, 2021 made before taxation and the proforma invoice. The applicant also swore a further affidavit filed on May 9, 2022 annexing copies of correspondence between the advocate and the respondent to prove retainer in Kisumu HCCA 113/2019.
4. I have considered the application, grounds, supporting affidavit, further affidavit and annextures thereto.
5. I observe that the advocates costs was taxed on September 30, 2021 and that no reference has been filed by the client in the matter. In addition, the Respondent has not opposed this application despite service upon them. For the above reasons, I find the application dated January 27, 2022 merited.
6. I enter judgment in favour of the advocate/applicant Owiti, Otieno & Ragot Advocates against the respondent/client, Equator Bottlers Ltd in the sum of Kshs.990,443. 01 as taxed on September 30, 2021 together with interests at the rate of 14% p.a from May 15, 2021 until payment in full.
7. Decree to issue forthwith.
8. I order that each party shall bear their own costs of this application dated January 27, 2022.
9. Decree to be extracted forthwith
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF SEPTEMBER, 2022. R. E. ABURILIJUDGE