Onsongo & Company Advocates v African Merchant Assurance Company Limited [2018] KEHC 808 (KLR)
- Court
- High Court of Kenya
- Case number
- 808
- Citation
- [2018] KEHC 808 (KLR)
- Decided
- 20 December 2018
The notice of motion is allowed, and judgment is entered for the advocate against the respondent for Kshs. 52,200. Interest shall accrue on the taxed costs at 14% per annum from 5th April, 2018 until payment in full. The advocate will also have the costs of the application.
Facts
The applicant acted as an advocate in a case (HCCA No. 43 of 2012) and the bill of costs was taxed for Kshs. 52,200. The client has not paid the amount, and the applicant seeks judgment for the entire sum.
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 where there is no dispute as to the retainer.
Outcome
Judgment in favor of the applicant.
Orders
- Judgment for the advocate against the respondent for Kshs. 52,200.
- Interest on taxed costs at 14% per annum from 5th April, 2018 until payment in full.
- Advocate will have the costs of the application.
Remedies
- Judgment for the advocate against the respondent for Kshs. 52,200.
- Interest on taxed costs at 14% per annum from 5th April, 2018 until payment in full.
Authorities cited
Legislation (1)
- Advocates Remuneration Order, 2019
Cases cited (1)
- Musyoka & Wambua Advocates Vs Rustam Hira Advocate (2006) eKLR
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