Lubulellah & Associates Advocates v St Bakhita Daycare & Kindergarten Limited & another (Environment and Land Miscellaneous Application E034 of 2021) [2022] KEELC 15331 (KLR) (13 December 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 15331
- Citation
- [2022] KEELC 15331 (KLR)
- Decided
- 13 December 2022
The court enters judgment in favor of the advocate for the sum of Kshs 849,123.10 with interest at 14% per annum from November 19, 2021 until payment in full. The clients' application is struck out.
Facts
The advocate filed an application for entry of judgment for costs taxed at Kshs 849,123.10 plus interest. The clients opposed the application, filing a reference application challenging the taxation of the bill of costs.
Issues
- Whether the court has jurisdiction to determine the clients' application
- Whether the advocate's bill of costs includes a charge for interest
Reasoning
The court found that the advocate's bill of costs did not include a charge for interest, and thus the advocate's application for interest was not supported. The court exercised its discretion under section 26 of the Civil Procedure Act to award interest from the date of taxation.
Outcome
Judgment in favor of the advocate for the sum of Kshs 849,123.10 with interest and costs.
Orders
- Judgment in favor of the advocate for the sum of Kshs 849,123.10 with interest and costs
- Striking out the clients' application
Remedies
- Interest at 14% per annum from November 19, 2021 until payment in full
- Costs of both applications
Authorities cited
Legislation (2)
- Civil Procedure Act
- Advocates Act
Cases cited (1)
- PI Samba and Company Advocates vs Buzeki Enterprises Limited
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