Otieno, Ragot & Company Advocates v Das Group Kenya Limited [2018] KEHC 7368 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

MISC. CIVIL APPLICATION NO 144 OF 2016

OTIENO, RAGOT & COMPANY ADVOCATES................................APPLICANT/ADVOCATE

VERSUS

DAS GROUP KENYA LIMITED..............................................................RESPONDENT/CLIENT

JUDGMENT

1. By a notice of motion dated 1. 3.18, brought under Section 51 of the Advocates Act Cap 16 Laws of Kenya; the applicant prays for orders:-

a. THAT the certificate of costs dated 14. 2.18in respect of a taxation order made on 14. 2.18for the sum of Kshs. 117,143. 04 be adopted as judgment and decree of this Honourable Court

b. THAT the applicant be awarded interest accrued on the costs at 14% per annum from 17. 11. 16until payment in full

c. THAT the costs of this application be borne by client/respondent

2. The motion is premised on the grounds on the body of the application and the supporting affidavit sworn by Martin Osodo, advocate of the High Court of Kenya, on 1. 3.18.  He avers that the client instructed the advocate to act in KISUMU CMCC 162 OF 2013DAS GROUP LTD V MAYFAIR HOLDINGS LTD t/a PECHE FOODS.That the bill of costs was taxed on 14. 2.18 for the sum of Kshs. 117,143. 04 and a certificate of taxation was issued for the said sum. That the client has not paid the said amount and the applicant requests for judgment for the entire sum.

3. When the application came for hearing on 10. 4.18, the respondent though served was not represented and did not oppose the application. There is therefore no dispute as to retainer.

4. Regarding interest, I have considered the provisions of Rule 7 of the Advocates Remuneration Order which provides: -

“An advocate may charge interest at 14% per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, providing such claim for interest is raised before the amount of the bill has been paid or tendered in full.”

5. The rate of interest awardable is applicable from 30 days after the date of service of the Bill of Costs. There is no evidence to show when the bill of costs was served on the respondent on 17. 10. 16. Consequently, (30) days from the delivery of the bill to the client expired on 17. 11. 16.

6. The upshot of this is that the notice of motion dated 30. 8.17, succeeds and is allowed in the following terms:

a. Judgment is hereby entered for the advocate against the Respondent forKshs. 117,143. 04

b. Interest shall accrue on the taxed costs at 14% per annum from17. 11. 16until payment in full

c. The Advocate will also have the costs of this application.

DATED, DELIVERED AND SIGNED ON THIS12THDAY OF APRIL2018

T.W. CHERERE

JUDGE

Read in open court in the presence of-

Court Assistants   - Caroline

Applicant          - N/A

Respondent       - N/A