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Otieno, Ragot & Company Advocates v National Bank of Kenya Ltd (Miscellaneous Civil Application 120 of 2016) [2020] KEHC 3164 (KLR) (22 September 2020) (Judgment)

[2020] KEHC 3164 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3164
Citation
[2020] KEHC 3164 (KLR)
Decided
22 September 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent failed to pay costs awarded in an advocate-client bill of costsCoramTW CHERERE
Holding

The respondent is ordered to pay the costs awarded in the advocate-client bill of costs and interest shall accrue at 14% per annum from 12.09.16

Facts

The applicant, Otieno, Ragot & Company Advocates, filed an advocate-client bill of costs for Kshs. 1,278,254.88, which was taxed and a certificate of taxation issued. The respondent, National Bank of Kenya Limited, did not pay the amount.

Issues

  1. Whether the respondent should be ordered to pay the costs awarded in the advocate-client bill of costs
  2. Whether interest should accrue on the costs from the expiration of one month from the delivery of the bill to the client

Reasoning

The advocate is entitled to the costs as the retainer is not denied. Interest is provided for under Rule 7 of the Advocates Remuneration Order.

Outcome

The respondent is ordered to pay the costs awarded in the advocate-client bill of costs and interest shall accrue at 14% per annum from 12.09.16

Orders

  • Judgment is hereby entered for the advocate against the Respondent for Kshs. 1,278,254.88
  • Interest shall be paid at 14% from 07th July, 2016 till payment in full
  • The Advocate will also have the costs of this application

Authorities cited

Legislation (2)
  • Advocates Act Cap 16 Laws of Kenya
  • 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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