Onsongo & Company Advocates v African Merchant Assurance Company Limited [2018] KEHC 598 (KLR)
- Court
- High Court of Kenya
- Case number
- 598
- Citation
- [2018] KEHC 598 (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 notice of motion is allowed, and judgment is entered for the advocate against the respondent for Kshs. 34,800. Interest shall accrue on the taxed costs at 14% per annum from 5.4.18 until payment in full.
Facts
The applicant acted as an advocate in a case in Kisumu High Court and the bill of costs was taxed for Kshs. 34,800. The client has not paid the taxed costs.
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 the retainer, and the certificate of taxation has not been set aside or altered. The court has discretion to enter judgment on the certificate of taxation.
Outcome
Judgment in favor of the applicant.
Orders
- Judgment for the advocate against the respondent for Kshs. 34,800.
- Interest on taxed costs at 14% per annum from 5.4.18 until payment in full.
- The advocate will also have the costs of this application.
Authorities cited
Legislation (1)
- Advocates Remuneration Order, 2019
Cases cited (1)
- Musyoka & Wambua Advocates Vs Rustam Hira Advocate (2006) eKLR
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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