[2019] KEHC 2595 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as the respondent had not disputed the retainer or the bill of costs, and the certificate of costs had been duly issued. The court further held that interest at 14% per annum was payable from 17th June 2019, being one month after service...
Source-derived case information.
- Citation
- [2019] KEHC 2595 (KLR)
- Parties
- Applicant: Owiti, Otieno, Ragot & Company Advocates; Respondent: Dominion Farms Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 81 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Taxation of Costs, Advocate Client Relationship, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Owiti, Otieno, Ragot & Company Advocates
Applicant
Dominion Farms Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
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 from the specified date until payment in full.
- 3 Whether the applicant is entitled to the costs of the application.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as the respondent had not disputed the retainer or the bill of costs, and the certificate of costs had been duly issued. The court further held that interest at 14% per annum was payable from 17th June 2019, being one month after service of the bill of costs, in accordance with Rule 7 of the Advocates Remuneration Order. The respondent's failure to oppose the application or appear in court left the applicant's claims unchallenged. Accordingly, the court allowed the application, entering judgment for the applicant for the taxed sum, interest as claimed, and costs of the application.
Court Disposition
application allowed
Orders
- Judgment is entered for the applicant against the respondent for Kshs. 1,555,160.
- Interest shall be paid at 14% per annum from 17th June 2019 until payment in full.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
MISC. CIVIL APPLICATION NO 81 OF 2019
BETWEEN
OWITI, OTIENO, RAGOT & COMPANY ADVOCATES....APPLICANT/ADVOCATE
AND
DOMINION FARMS LIMITED...................................................RESPONDENT/CLIENT
RULING
1. By a Notice of Motion dated 14th August, 2019 and filed on 16th August, 2019, brought under the provisions of Section 51 (2) of the Advocates Act, the Applicant/Advocate seeks the following orders:
1) That the certificate of costs issued herein in respect of taxation order made on 04. 07. 19 for the sum of Kshs. 1,555,160 (one million, five hundred fifty-five thousand, one hundred sixty) be adopted as judgment and decree of this Honourable Court together with interest at 14% p.a from 17. 06. 19 until payment in full
2) That costs of this application be borne by the Client/Respondent
2. The Respondent though served neither opposed the application nor sent representation when the matter came up for hearing on 09. 10. 19.
3. I have considered the Application in the light of the supporting affidavit and annexures thereto. The bill of costs was taxed at Kshs. 1,555,160 and a certificate in respect thereof dated 04th July, 2019 was issued on 26th July, 2019.
4. The bill arose out of Kisumu HCCS No. 01 of 2018 Phanuel Onyango t/a Urania Technologies v Dominion Farms Limited. The Respondent has not denied retaining the Advocate to act for it and the Advocate/Applicant is therefore entitled to its costs.
5. The Bill of costs was served on the Respondent. Client on 17th May, 2019. I have considered the provisions of Rule 7 of the Advocates Remuneration Order and I find that interest from 17th June, 2019 until payment in full.
6. The upshot of this is that Notice of Motion dated 14th August, 2019 and filed on 16th August, 2019, succeeds and is allowed in the following terms:
a)Judgment is hereby entered for the advocate against the Respondent forKshs. 1,555,160 (one million, five hundred fifty-five thousand, one hundred sixty)
b) Interest shall be paid at 14% from 17th June, 2019 till payment in full
c) The Advocate will also have the costs of this application.
DATED, DELIVERED AND SIGNED ON THIS17thDAY OFOctober 2019
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Amondi/Okodoi
For Applicant/Advocate - n/a
For Respondent/Client - n/a