Onsongo & Company Advocates v African Merchant Assurance Company Limited [2018] KEHC 654 (KLR)
- Court
- High Court of Kenya
- Case number
- 654
- Citation
- [2018] KEHC 654 (KLR)
- Decided
- 20 December 2018
AI Summary
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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. 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. 294 OF 2011) and a bill of costs was taxed for Kshs. 37,800. The respondent has not paid the amount.
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 17.5.18 until payment in full.
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 the certificate of taxation.
Outcome
Judgment in favor of the applicant.
Orders
- Judgment for the advocate against the respondent for Kshs. 37,800.
- Interest on 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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