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Moses M Omondi & James O Abade t/a Abande & Company Advocates v Kassim Were Abdalla [2018] KEHC 1577 (KLR)

[2018] KEHC 1577 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1577
Citation
[2018] KEHC 1577 (KLR)
Decided
22 November 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for orders regarding taxation of costsCoramT.W. CHERERE
Holding

Judgment is hereby entered for the advocate against the Respondent for Kshs. 400,000/- and interest shall accrue on the taxed costs at 14% per annum from 12.7.18 until payment in full.

Facts

The applicant acted for the respondent in a previous case (KISUMU CMCC 320 OF 2016 BLUE SANDS HOTEL LIMITED VERSUS KASSIM WERE ABDALLA & 5 OTHERS AND KASSIM SHABAN OPIYO & 2 OTHERS) and the bill of costs was taxed for the sum of Kshs. 400,000/-.

Issues

  1. To deem the applicant's taxed bill of costs as judgment of the court
  2. To award interest on the taxed costs from 16th January, 2018

Reasoning

There is no dispute as to retainer and the certificate of taxation has not been set aside or altered. The court has discretion to enter judgment on a Certificate of Taxation.

Outcome

Judgment in favor of the applicant for Kshs. 400,000/- and interest on the taxed costs.

Orders

  • Judgment for the applicant for Kshs. 400,000/-
  • Interest on the taxed costs at 14% per annum from 12.7.18 until payment in full

Remedies

  • Costs of the application

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Advocates Remuneration Order
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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