[2023] KEHC 25474 (KLR)
The court found that the application for judgment in terms of the certificate of costs was unopposed, no reference had been filed to challenge the certificate, and there was no dispute as to retainer. In accordance with Section 51(2) of the Advocates Act, the court held that judgment should be entered for the...
Source-derived case information.
- Citation
- [2023] KEHC 25474 (KLR)
- Parties
- Applicant: Siganga & Company Advocates; Respondent: Edwin Otieno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E044 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
- Outcome
- judgment entered for applicant in terms of certificate of costs with interest; decree to issue; no order as to costs of application
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Advocate Client Costs, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Siganga & Company Advocates
Applicant
Edwin Otieno
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
Legal Issues
- 1 Whether judgment should be entered in terms of the certificate of costs between advocate and client where there is no opposition or reference filed.
- 2 Whether interest is payable on the taxed costs from the date of taxation until payment in full.
Ratio Decidendi
The court found that the application for judgment in terms of the certificate of costs was unopposed, no reference had been filed to challenge the certificate, and there was no dispute as to retainer. In accordance with Section 51(2) of the Advocates Act, the court held that judgment should be entered for the applicant in the sum certified, together with interest at 14% per annum from the date of taxation until payment in full. The court further ordered that the decree be served on the respondent, granting ten days to settle before execution may issue, and made no order as to costs of the application.
Court Disposition
judgment entered for applicant in terms of certificate of costs with interest; decree to issue; no order as to costs of application
Orders
- Judgment entered for the applicant/advocate in terms of the Certificate of Costs dated 15th June 2023.
- Interest at 14% per annum from date of taxation until payment in full awarded.
Full Case Text
Judgment text and source record
23 paragraphs
Siganga & Company Advocates v Otieno (Miscellaneous Application E044 of 2023) [2023] KEHC 25474 (KLR) (10 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25474 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E044 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
Between
Siganga & Company Advocates
Applicant
and
Edwin Otieno
Respondent
Ruling
1. The application dated 11th September 2023 seeking for judgment to be entered in terms of the certificate of costs between advocate and client is not opposed and no reference was filed to challenge the certificate of costs dated 15th June 2023. In addition, there is no dispute pending as to retainer.
2. Accordingly, I hereby enter judgment for the Applicant/Advocate in terms of the Certificate of Costs dated 15th June 2023 together with interest at 14% p.a from date of taxation until payment in full.
3. Decree to issue forthwith for Kshs.267,475.
4. The Applicant to serve decree upon the Respondent giving him ten (10) clear days to settle and only in default shall execution issue.
5. I make no orders as to costs of the application.
6. Mention before the Deputy Registrar on 11th December 2023 to confirm settlement.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE