[2023] KEHC 25402 (KLR)
The court held that since the advocate's bill of costs had been taxed and a certificate of taxation issued, and no reference had been filed to challenge the taxation, judgment must be entered in favour of the advocate for the amount certified. The court further held that interest at 14% per annum is payable from the...
Source-derived case information.
- Citation
- [2023] KEHC 25402 (KLR)
- Parties
- Applicant: Siganga & Company Advocates; Respondent: Nyanza Ginnery Company Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E043 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for the applicant advocate for taxed costs with interest; no further costs awarded for the application
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Taxation, 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
Siganga & Company Advocates
Applicant
Nyanza Ginnery Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the advocate based on the certificate of taxation where no reference has been filed challenging the taxation.
- 2 Whether interest is payable on the taxed costs and from what date.
Ratio Decidendi
The court held that since the advocate's bill of costs had been taxed and a certificate of taxation issued, and no reference had been filed to challenge the taxation, judgment must be entered in favour of the advocate for the amount certified. The court further held that interest at 14% per annum is payable from the date of taxation until payment in full, as provided by law. The court declined to award further costs for the application to avoid protracted litigation and directed that the decree be served on the respondent, with execution only after ten days from service. The matter was set for mention to confirm settlement.
Court Disposition
judgment for the applicant advocate for taxed costs with interest; no further costs awarded for the application
Orders
- Judgment entered for the advocate in the sum of Kshs.114,755 as per the certificate of taxation dated 15th June 2023.
- Interest at 14% per annum from the date of taxation until payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
Siganga & Company Advocates v Nyanza Ginnery Company Ltd (Miscellaneous Application E043 of 2023) [2023] KEHC 25402 (KLR) (10 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25402 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E043 of 2023
RE Aburili, J
November 10, 2023
IN THE MATTER OF ADVOCATES ACT, CAP 16 (LAWS OF KENYA) AND IN THE MATTER OF TAXATION OF COSTS
Between
Siganga & Company Advocates
Claimant
and
Nyanza Ginnery Company Ltd
Respondent
Ruling
1. This matter is in a series of 4 others but in this case, the Respondent is different from the other Respondents in the other matters where the Applicant advocate is the same.
2. The Bill of Costs for the advocate against the client were taxed and a certificate of Taxation issued on 15th June 2023. No Reference has been filed challenging the taxation. The amount involved is Kshs.114,755 only.
3. I have considered the Notice of Motion dated 11th September 2023 under Section 51(2) of the Advocates Act and Rule 7 of the Advocate Remuneration Order.
4. As no reference has been filed, I enter Judgment for the Advocate in terms of the certificate of costs dated 15th June 2023 for the sum of Kshs.114,755 together with interest at 14% p.a from date of taxation until payment in full.
5. Decree to issue forthwith.
6. I make no orders as to further costs of the application dated 11th September 2023 to avoid this matter remaining litigated upon forever.
7. Mention on 11th December 2023 before the Deputy Registrar to confirm settlement.
8. The Applicant to serve decree upon the Respondent before the execution of the same and only after lapse of ten (10) days of service.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE