Maina & Partners Advocates v Kwale International Sugar Co. Ltd [2021] KEELRC 191 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Adoption of a Certificate of Costs into a judgment under Section 51(2) of the Advocates Act
Judgment was entered for the certified sum of ksh.126,483.90 since the certificate had not been altered or set aside and was not shown to be disputed
Section 51(2) of the Advocates Act provides that a taxing officer's certificate is final as to the amount of costs covered unless set aside or altered by the Court. The Deputy Registrar's Ruling of 2nd October 2018 taxed the Advocate/Client Bill of Costs at ksh.126,483.90 and a Certificate of Costs was issued on 3rd September 2021. The certificate had not been altered, set aside or shown to be in dispute, so the Court entered judgment for the certified sum.
Effect of the taxing officer's direction for a credit to the Respondent across 24 files
Execution of the decree was stayed pending resolution of the credit issue between the parties
The taxing officer's Ruling indicated that the sum of ksh.1,725,000 paid as legal fees covered 24 matters in a series and that the Respondent should be given credit of ksh.1,750,000 against the total sum taxed on the bills. Because this credit had not been sorted out, the Court directed that execution of the decree be withheld until the applicant and respondent resolve the credit issue between themselves.
Interest on the decretal sum
Interest was awarded at Court rates from the date of the Ruling rather than at 14% from the taxation date as sought
The applicant had sought interest at 14% from 2nd October 2018 until payment in full. The Court, in its discretion, awarded interest at Court rates to run from the date of the Ruling rather than from the date of taxation.
Legal principles established
#- A taxing officer's certificate that has not been set aside or altered by the Court is final as to the amount of costs, and judgment may be entered for the certified sum where the retainer is not disputed
Court orders
#- 1.Judgment entered for the applicant in the sum of ksh.126,483.90 as certified by the taxing officer
- 2.Decree not to be executed against the Respondent until the issue of the credit ordered by the taxing officer in a series of twenty four files is sorted out between the parties
- 3.Interest on the decretal sum at Court rates calculated from the date of the Ruling until payment in full
- Jurisdiction invoked
- Section 51(2) of the Advocates Act and Order 11(3) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maina & Partners Advocates v Kwale International Sugar Co. Ltd [2021] KEELRC 191 (KLR)", Case Analysis (2021). Misc. Application No 25 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/191/eng@2021-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.