Onsongo & Company Advocates v African Merchant Assurance Company Limited [2018] KEHC 1758 (KLR)
- Court
- High Court of Kenya
- Case number
- 1758
- Citation
- [2018] KEHC 1758 (KLR)
- Decided
- 20 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplicant seeks to convert a certificate of taxation into a judgment and award interest on taxed costs.CoramT.W. CHERERE
Holding
The application succeeds and the judgment is entered for the advocate against the respondent for Kshs. 37,800/-. Interest shall accrue on the taxed costs at 14% per annum from 17.5.18 until payment in full.
Facts
The applicant acted for the respondent in a case (WINAM PMCC NO. 290 OF 2011 SARAH MBUYA VERSUS PHILIP ODHIAMBO) and the bill of costs was taxed for the sum of Kshs. 37,800/-.
Issues
- Whether the certificate of taxation can be converted into a judgment.
- Whether interest on taxed costs can be awarded at 14% per annum from 30 days after the date of service of the bill of costs.
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 where there is no dispute as to retainer.
Outcome
Judgment granted in favor of the applicant.
Orders
- Judgment for the advocate against the respondent for Kshs. 37,800/-.
- Interest on the taxed costs at 14% per annum from 17.5.18 until payment in full.
- The advocate will also have the costs of this application.
Authorities cited
Legislation (2)
- Advocates Remuneration Order, 2009
- Advocates Act
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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