Wilfred N. Konosi t/a Konosi & Co Advocates v Musimoto Motor Company Ltd (Miscellaneous Application E025 of 2023) [2024] KEELRC 516 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Entitlement to judgment on a certificate of costs under section 51(2) of the Advocates Act
Judgment on the certificate of costs is granted as the taxation was by consent, no appeal or reference was filed, and the respondent made no payment or settlement proposal despite demand letters.
The bill of costs was taxed by consent at Kshs.936,154/= and a certificate of costs issued. No appeal or reference was filed against the taxation. The applicant exhibited demand letters but the respondent made no payment, took no action, nor made any settlement proposal. The court found no legal or other reason to deny the applicant the fruits of the consent and taxation, and entered judgment as prayed.
Commencement date of interest on taxed advocate/client costs
Interest at 14% runs from the date of taxation (24th October 2023), not from the date of demand relied on by the applicant (8th August 2020).
The applicant sought interest at 14% from 8th August 2020. The court held that the taxed amount became due and payable on the date of taxation, 24th October 2023, and that is therefore the date from which interest at 14% should run until payment in full.
Whether the certificate of costs should be adopted as a decree enforceable by execution
A decree was to issue in respect of the certificate of costs with liberty to execute.
The application sought an order that a decree issue in respect of the certificate of costs dated 24th October 2023 and issued on 20th November 2023, with liberty to execute for recovery in the manner of a decree of the court. The court allowed the application as prayed, making the taxed costs enforceable by execution.
Legal principles established
#- Absent an appeal or reference against a consent taxation, and absent payment or any settlement proposal, an advocate cannot be denied judgment on the certificate of costs.
- Interest on taxed costs under section 51(2) of the Advocates Act runs from the date of taxation, being the date the taxed amount became due and payable.
Court orders
#- 1.Judgment entered for the applicant against the respondent in the sum of Kshs.936,154.00 as per the certificate of costs dated 31st October 2023
- 2.Interest on the taxed amount of Kshs.936,154.00 at 14% from the date of taxation, 24th October 2023, until payment in full
- 3.Decree to issue in respect of the certificate of costs dated 24th October 2023 and issued on 20th November 2023, with liberty to execute
- 4.Costs of the application awarded to the applicant and assessed at Kshs.15,000.00
- Jurisdiction invoked
- Section 51(2) of the Advocates Act, section 27(2) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wilfred N. Konosi t/a Konosi & Co Advocates v Musimoto Motor Company Ltd (Miscellaneous Application E025 of 2023) [2024] KEELRC 516 (KLR)", Case Analysis (2024). NKR ELRC MISC APPLIC. NO. E025 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/516/eng@2024-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.