[2023] KEHC 17224 (KLR)
The court found that the certificate of costs issued on February 24, 2023, had not been challenged by the respondent through a reference or otherwise set aside. In accordance with Section 51(2) of the Advocates Act, the court is empowered to enter judgment in terms of the certificate of taxation. The applicant had...
Source-derived case information.
- Citation
- [2023] KEHC 17224 (KLR)
- Parties
- Applicant: Owiti, Otieno & Ragot Advocates; Respondent: Naomi Anyango Ongondo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E166 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs
- Outcome
- application allowed; judgment entered for applicant; interest awarded; no order as to costs of application
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Taxation, Entry of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Owiti, Otieno & Ragot Advocates
Applicant
Naomi Anyango Ongondo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs
Legal Issues
- 1 Whether the court should adopt the certificate of costs as judgment in favour of the advocate against the client.
- 2 Whether interest is payable on the taxed costs and from what date.
- 3 Whether there are grounds to set aside or stay the certificate of taxation.
Ratio Decidendi
The court found that the certificate of costs issued on February 24, 2023, had not been challenged by the respondent through a reference or otherwise set aside. In accordance with Section 51(2) of the Advocates Act, the court is empowered to enter judgment in terms of the certificate of taxation. The applicant had made a written demand for payment on May 30, 2022, and interest was therefore payable from June 29, 2022, at the rate of 14% per annum until payment in full. There being no opposition or valid challenge to the certificate of costs, the application was allowed as prayed.
Court Disposition
application allowed; judgment entered for applicant; interest awarded; no order as to costs of application
Orders
- Judgment entered in the sum of Kshs 261,517.50 in favour of the Advocate/Applicant against the Client/Respondent in terms of the certificate of taxation issued on February 24, 2023.
- Decree to issue for the said sum of money.
Full Case Text
Judgment text and source record
23 paragraphs
Owiti, Otieno & Ragot Advocates v Ongondo (Miscellaneous Civil Application E166 of 2022) [2023] KEHC 17224 (KLR) (10 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17224 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E166 of 2022
RE Aburili, J
May 10, 2023
Between
Owiti, Otieno & Ragot Advocates
Applicant
and
Naomi Anyango Ongondo
Respondent
(Arising from the professional legal services rendered by the Applicant/Advocate for the client in original matter Kisumu CMCC No. 509 of 2016)
Ruling
1. In this matter, the Advocate/Client costs were assessed on February 15, 2023 and a certificate of taxation issued by the Deputy Registrar on February 24, 2023. There is no Reference filed by the Respondent client challenging the certificate of costs and neither has the certificate of costs been set aside.
2. The application dated March 1, 2023 seeks for adoption of the certificate of costs by the court, entry of judgment in terms thereof and decree to issue.
3. The client was served on March 9, 2023 but no response has been filed.
4. I hereby allow the application. I enter judgment in the sum of Kshs 261,517. 50 in favour of the Advocate/Applicant against the Client/Respondent in terms of the certificate of taxation issued on February 24, 2023 and order that decree do issue for the said sums of money.
5. I further order that the taxed costs shall earn interest at the rate of 14% per annum from the date of June 29, 2022 until payment in full, as the advocate vide letter and invoice dated May 30, 2022 did send to the Client a demand for payment of the itemized bill.
6. I make no orders as to costs of this application dated March 1, 2023.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF MAY, 2023R. E. ABURILIJUDGE