[2018] KEHC 8805 (KLR)
The court found that although Rule 7 of the Advocates Remuneration Order allows an advocate to claim interest at 14% per annum from one month after delivery of the bill, such a claim must be expressly raised in the bill before payment or tender in full. In this case, the applicant did not raise a claim for interest...
Source-derived case information.
- Citation
- [2018] KEHC 8805 (KLR)
- Parties
- Applicant: Patrick O. Otieno & Geoffrey O. Yogo t/a Otieno Yogo & Company Advocates; Respondent: Muhoroni Sugarcane Outgrowers Co. Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 120 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for applicant with interest and costs
- Legal Topics
- Taxation of Costs, Advocate Remuneration, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick O. Otieno & Geoffrey O. Yogo t/a Otieno Yogo & Company Advocates
Applicant
Muhoroni Sugarcane Outgrowers Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of costs.
- 2 Whether interest at 14% per annum is payable from the date the bill of costs was filed and served.
- 3 Whether the applicant is entitled to interest and at what rate and from which date.
Ratio Decidendi
The court found that although Rule 7 of the Advocates Remuneration Order allows an advocate to claim interest at 14% per annum from one month after delivery of the bill, such a claim must be expressly raised in the bill before payment or tender in full. In this case, the applicant did not raise a claim for interest in the bill of costs or supporting affidavit. Therefore, the court declined to award interest from the earlier date as claimed. However, the court held that interest is payable once judgment is entered, and accordingly awarded interest at 12% per annum from the date of the certificate of costs (21.11.2017) until payment in full. Judgment was entered for the taxed sum, and the...
Court Disposition
judgment for applicant with interest and costs
Orders
- Judgment entered for the applicant for Kshs 3,544,282.10.
- Interest awarded at 12% per annum from 21.11.2017 until payment in full.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KISUMU
MISC. CIVIL APPLICATION NO. 120 OF 2004
BETWEEN
PATRICK O. OTIENO & GEOFFREY O. YOGO T/A
OTIENO YOGO & COMPANY ADVOCATES........APPLICANTS
AND
MUHORONI SUGARCANE
OUTGROWERS CO. LTD.......................................RESPONDENT
RULING
The Notice of Motion dated 18. 12. 2017 seeks judgment for the sum of Kshs 3,544,282. 10 being the amount taxed as per the certificate of costs dated 21. 11. 2017. The application is not opposed save that Mr Omondi T. told the court that interest should be allowed at the rate of 14% from 8th August 2004. Mr Ojuro contends that this is the date that the bill of costs was filed and served and there is no reason to disallow the claim for interest.
UnderRule 7of theAdvocates Remuneration Order, an advocate may charge interest at 14% p.a on his disbursements and costs, from the expiration of one month from the delivery of his bill to the client, providing such claim for interest is raised before the amount of the bill has been paid or tendered in full.
I have looked at the affidavit and the bill filed and it appears that there is no claim for interest has been raised thereon in accordance with the rule I have cited. However, interest is payable once judgment is entered.
Accordingly, I enter judgment for the advocates against the client for the sum of Kshs 3,544,282. 10 together with interest at 12% p.a from 21. 11. 2017 until payment in full. The advocates shall have costs of Kshs 10,000. 00 for this application.
Dated read and delivered in this 24th day of January 2018.
D.S. MAJANJA
JUDGE
Mr Ojuro instructed by Otieno, Yogo and Ojuro Advocates for the applicant.
Mr Omondi T. instructed by Mwamu and Company Advocates for the respondent.