Konosi t/a Konosi & Co Advocates v Musimoto Motor Company Ltd (Miscellaneous Application E061 of 2023) [2024] KEELRC 523 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Entitlement to judgment on a consented certificate of costs
Judgment entered for the applicant in the taxed sum of Kshs.358,970.70
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.
Commencement date of interest on taxed costs
Interest at 14% runs from the date of taxation, 14th November 2023, not from the date proposed in the application
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.
Legal principles established
#- 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
#- 1.Judgment entered for the applicant against the respondent in the sum of Kshs.358,970.70 as per the certificate of costs
- 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.A decree to issue and the applicant at liberty to execute for recovery
- 4.Costs of the application awarded to the applicant, assessed at Kshs.15,000/=
- 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, "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.