[2018] KEHC 7417 (KLR)
The court found that the applicant was entitled to judgment for the certified costs as there was no opposition or dispute as to retainer. Interest at 14% per annum was awarded from 30 days after delivery of the bill of costs, in accordance with Rule 7 of the Advocates Remuneration Order. The absence of evidence of...
Source-derived case information.
- Citation
- [2018] KEHC 7417 (KLR)
- Parties
- Applicant: Wambeyi Makomere t/a Wambeyi Makomere & Company Advocates; Respondent: Africa Merchant Assurance Co. Ltd.
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 311 of 2015
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wambeyi Makomere t/a Wambeyi Makomere & Company Advocates
Applicant
Africa Merchant Assurance Co. Ltd.
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the certificate of costs should be adopted as judgment against the respondent.
- 2 Whether the applicant is entitled to interest on the taxed costs at 14% per annum from the expiration of one month after delivery of the bill of costs.
- 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 certified costs as there was no opposition or dispute as to retainer. Interest at 14% per annum was awarded from 30 days after delivery of the bill of costs, in accordance with Rule 7 of the Advocates Remuneration Order. The absence of evidence of earlier payment or tendering of the bill meant interest accrued from 2.12.15. The applicant was also awarded the costs of the application. The court thus allowed the application in full, entering judgment for the certified sum, interest, and costs.
Court Disposition
application allowed
Orders
- Judgment entered for the applicant against the respondent for Kshs. 114,939.
- Interest to accrue on the taxed costs at 14% per annum from 2.12.15 until payment in full.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. CIVIL APPLICATION NO 311 OF 2015
WAMBEYI MAKOMERE T/AWAMBEYI
MAKOMERE&COMPANY ADVOCATES.............ADVOCATE/APPLICANT
VERSUS
AFRICA MERCHANT ASSURANCE CO. LTD. ......CLIENT/RESPONDENT
JUDGMENT
1. By a notice of motion dated 28. 9.17, brought under Section 51 rule 1 of the Advocates Act Cap 16 Laws of Kenya; the applicant prays for orders:-
a. THAT the certificate of costs 27. 7.17 for the sum of Kshs. 114,939/-be adopted as judgment against the respondent
b. THAT the applicant be awarded interest accrued on the costs at 14% per annum from 7. 12. 15until payment in full
c. THAT the costs of this application be borne by client/respondent
2. The motion is premised on the grounds on the body of the application and the supporting affidavit by WambayiMakomere, advocate of the High Court of Kenya, sworn on 28th September, 2017.
3. The bill of costs shows that the advocate actedfor the client in KISUMUCMCC 227/11 FLORENCE AUMA ONGORO V KOJA MOTORS & ANOR.
3. When the application came for hearing on 7. 2.18, the respondent, though served did not appear or oppose the application and there is therefore no dispute as to retainer.
4. Regarding interest, I have considered the provisions of Rule 7 of the Advocates Remuneration Order which provides: -
“An advocate may charge interest at 14% per annum on his disbursements and costs, whether by scale or otherwise, 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.”
5. The rate of interest awardable is applicable from 30 days after the date of service of the Bill of Costs. There is no evidence to show when the bill of costs was served on the respondent on 2. 11. 15. Consequently, (30) days from the delivery of the bill to the client expired on 2. 12. 15 and interest started to accrue.
6. The upshot of this is that the notice of motion dated 28. 9.17,succeeds and is allowed in the following terms:
a) Judgment is hereby entered for the advocate against the Respondent forKshs. 114,939/-
b) Interest shall accrue on the taxed costs at 14% per annum from2. 12. 15until payment in full
c) The Advocate will also have the costs of this application.
DATED, DELIVEREDAND SIGNED ON THIS12th DAY OFApril 2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistants - Carolyne
Applicant - N/A
Respondent - N/A