Njuguna and Partners Advocates v Express DDB Kenya Ltd [2016] KEELRC 1867 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1867
- Citation
- [2016] KEELRC 1867 (KLR)
- Decided
- 19 December 2016
The applicant's application has merit and is allowed in terms of prayer (1) and (2) with the interests due on the taxed amount being 14% as from 22nd October 2015. The respondent shall also pay costs for this application.
Facts
The applicant, Njuguna & Partners, filed suit in the respondent's behalf in Industrial Cause No.1441 of 2013, George Muteti versus Express DDB Kenya. The respondent retained the advocates for this case. The applicant never attended court and the respondent appointed a new advocate. The respondent was served with a certificate of costs on 22nd September, 2015.
Issues
- Whether the applicant is entitled to judgement for the sum of Kshs.181,945 as certified costs
- Whether the respondent is liable to pay interest on the certified costs at 14% per annum
- Whether the respondent is liable to pay the applicant's costs of the application
- Whether the respondent's claim of Kshs.174,054 due in CMCC 877 of 2013 should be set off against the applicant's claim
Reasoning
The Court held that once taxation of costs has been done and there is no reference against the same, judgement shall be entered for the payment of such sums as due. The applicant is entitled to interest on the due amounts starting 22nd October 2015 until the amount is fully paid.
Outcome
Allowed
Orders
- Judgement for the applicant as against the Respondent for the sum of Kshs.181,945 being the certified costs due to the applicant
- Interest on the certified costs at 14% per annum from the date of taxation, that is, 26/2/2016, until payment in full
- The Respondent do pay to the applicant the costs of this application
Authorities cited
Legislation (2)
- Advocates Act
- Advocates (Remuneration) Order
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