Owiti, Otieno, Ragot & Company Advocates v Dominion Farms Limited [2019] KEHC 2595 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

(CORAM: CHERERE-J)

MISC. CIVIL APPLICATION NO 81 OF 2019

BETWEEN

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

AND

DOMINION FARMS LIMITED...................................................RESPONDENT/CLIENT

RULING

1. By a Notice of Motion dated 14th August, 2019 and filed on 16th August, 2019, brought under the provisions of Section 51 (2) of the Advocates Act, the Applicant/Advocate seeks the following orders:

1) That the certificate of costs issued herein in respect of taxation order made on 04. 07. 19 for the sum of Kshs. 1,555,160 (one million, five hundred fifty-five thousand, one hundred sixty) be adopted as judgment and decree of this Honourable Court together with interest at 14% p.a from 17. 06. 19 until payment in full

2) That costs of this application be borne by the Client/Respondent

2. The Respondent though served neither opposed the application nor sent representation when the matter came up for hearing on 09. 10. 19.

3. I have considered the Application in the light of the supporting affidavit and annexures thereto. The bill of costs was taxed at Kshs. 1,555,160 and a certificate in respect thereof dated 04th July, 2019 was issued on 26th July, 2019.

4. The bill arose out of Kisumu HCCS No. 01 of 2018 Phanuel Onyango t/a Urania Technologies v Dominion Farms Limited. The Respondent has not denied retaining the Advocate to act for it and the Advocate/Applicant is therefore entitled to its costs.

5. The Bill of costs was served on the Respondent. Client on 17th May, 2019. I have considered the provisions of Rule 7 of the Advocates Remuneration Order and I find that interest from 17th June, 2019 until payment in full.

6. The upshot of this is that Notice of Motion dated 14th August, 2019 and filed on 16th August, 2019, succeeds and is allowed in the following terms:

a)Judgment is hereby entered for the advocate against the Respondent forKshs. 1,555,160 (one million, five hundred fifty-five thousand, one hundred sixty)

b) Interest shall be paid at 14% from 17th June, 2019 till payment in full

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

DATED, DELIVERED AND SIGNED ON THIS17thDAY OFOctober 2019

T.W. CHERERE

JUDGE

Read in open court in the presence of-

Court Assistant   - Amondi/Okodoi

For Applicant/Advocate   - n/a

For Respondent/Client    - n/a