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ELRCPartially AllowedNot stated in the judgment· [2024] KEELRC 523 (KLR)

Konosi t/a Konosi & Co Advocates v Musimoto Motor Company Ltd (Miscellaneous Application E061 of 2023) [2024] KEELRC 523 (KLR)

Environment and Land Court of Kenya
7 March 2024
464 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru court ordered a client to pay her former advocate Kshs.358,970 in legal fees plus interest, confirming that consented taxed fee bills are enforceable as judgment debts.

What this practically means

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Executive summary

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The applicant, an advocate of the High Court, moved the court by notice of motion dated 21st November 2023 under 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, seeking judgment against her former client for Kshs.358,970.70 as certified in a certificate of costs issued on 17th November 2023, together with interest at 14% from 24th May 2019, a decree and leave to execute, and costs of the application. The bill of costs dated 26th September 2023 had been taxed by consent of counsel at Kshs.358,970.70 on 7th November 2023. The respondent was granted fourteen days to respond but filed nothing. The court found that no appeal or reference had been filed against the taxation and that despite demand letters, the respondent had made no payment or settlement proposal. It held there was no legal reason to deny the applicant the fruits of the consent and resultant taxation, and allowed the application. Judgment was entered for the taxed sum with interest at 14%, but running from the date of taxation, 14th November 2023, when the amount became due and payable, rather than from May 2019 as sought. Costs of the application were awarded to the applicant and assessed at Kshs.15,000/=. Delivered virtually at Nakuru on 7th March 2024 by David Nderitu, Judge.

Key legal issues

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01

Entitlement to judgment on a consented certificate of costs

Holding

Judgment entered for the applicant in the taxed sum of Kshs.358,970.70

Reasoning

The bill of costs was taxed by consent of counsel for both parties at Kshs.358,970.70 and a certificate of costs issued. No appeal or reference was filed against the taxation, and despite demand letters, the respondent made no payment or settlement proposal. The court found no legal basis to deny the applicant judgment on the taxation.

p. 2
02

Commencement date of interest on taxed costs

Holding

Interest at 14% runs from the date of taxation, 14th November 2023, not from the date proposed in the application

Reasoning

The applicant sought interest from 24th May 2019, but the court held that the taxed amount became due and payable on the date of taxation, 14th November 2023, and interest at 14% runs from that date.

p. 2

Legal principles established

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  • Where a bill of costs has been taxed by consent and no appeal or reference is filed, judgment may be entered under section 51(2) of the Advocates Act and interest runs from the date of taxation when the amount became due

Court orders

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  1. 1.Judgment entered for the applicant against the respondent in the sum of Kshs.358,970.70 as per the certificate of costs
  2. 2.The taxed amount of Kshs.358,970.70 to attract interest at 14% from the date of taxation, 14th November 2023, being the date it became due and payable
  3. 3.A decree to issue and the applicant at liberty to execute for recovery
  4. 4.Costs of the application awarded to the applicant, assessed at Kshs.15,000/=

Authorities

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Legislation

  • Advocates ActSection 51(2)
  • Civil Procedure ActSection 27(2)
  • Civil Procedure RulesOrder 51 rule 1
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

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Konosi t/a Konosi & Co Advocates v Musimoto Motor Company Ltd (Miscellaneous Application E061 of 2023) [2024] KEELRC 523 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/523/eng@2024-03-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.