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High CourtAllowedMiscellaneous Application (Advocate/Client bill) — Notice of Motion dated 29 August 2013 (related files Misc.190/2011, Misc.187/2011, Misc.170/2011, Misc.173/2011)
Kennedy Okong'o (suing as Advocate) v Client/Respondent
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·~3 min to read original · ~4 min briefThe bottom line
#Unopposed bills of costs can become court judgments, allowing advocates to recover fees and interest legally.
What this practically means
#Executive summary
#The advocate, Kennedy Okong'o, moved the High Court at Kisii by Notice of Motion dated 29 August 2013 under section 51(2) of the Advocates Act and paragraph 7 of the Advocates Remuneration Order, seeking judgment on a certificate of costs of Kshs.169,445/= taxed in Kisii High Court Miscellaneous Civil Application No.187 of 2011, that the certificate dated 15 December 2011 be deemed a decree of the court, and interest at 14% per annum from the date of taxation until payment in full. In his supporting affidavit sworn on 29 August 2013, the advocate deponed that his firm had been instructed to act for the respondent as defendants in Kisii CMCC No.580 of 2003 and successfully represented them; a fee note was ignored, an advocate/client bill of costs was filed under paragraph 13 of the Remuneration Order, and despite service of a taxation notice the respondent neither attended nor opposed, whereupon the Deputy Registrar taxed the bill and issued the certificate of costs. He asserted the retainer was undisputed and the certificate had not been set aside or reviewed. The application was unopposed: no replying affidavit or grounds of opposition were filed despite service, evidenced by an affidavit of service by George Ochieng Bala sworn on 7 February 2014. R.N. Sitati J allowed the application in terms of prayers (b), (c), (d) and (e), entering judgment for the applicant for Kshs.169,445/=, deeming the certificate a decree, awarding 14% interest from 15 December 2011 until payment in full, and granting costs of the application. The court also entered like judgment in four related files: Misc.190/2011, Misc.187/2011, Misc.170/2011 and Misc.173/2011. Judgment dated and delivered at Kisii on 6 August 2014.
Key legal issues
#01
Conversion of a certificate of costs into a judgment and decree
Holding
The unopposed application under section 51(2) of the Advocates Act succeeded; the taxed certificate of costs was deemed a decree and judgment entered for Kshs.169,445/= with 14% interest from the taxation date.
Reasoning
The advocate was retained, successfully represented the client, filed an advocate/client bill which was taxed by the Deputy Registrar, and a certificate of costs issued. The respondent was served but filed no replying affidavit or grounds of opposition, and the certificate had not been set aside or reviewed, so the taxed sums were due and payable.
p. 2
Legal principles established
#- Under section 51(2) of the Advocates Act and paragraph 7 of the Advocates Remuneration Order, a certificate of costs taxed and not set aside or reviewed may be converted into judgment for the advocate, with interest at 14% per annum from the date of taxation.
Court orders
#- 1.Judgment entered for the applicant against the respondent in the sum of Kshs.169,445/= as per the certificate of costs
- 2.The certificate of costs dated 15 December 2011 issued in Kisii High Court Miscellaneous Civil Application No.187 of 2011 deemed a decree of the court
- 3.Interest on the taxed costs at 14% per annum from 15 December 2011 until payment in full
- 4.Costs of the application granted to the Advocate/Applicant
- 5.Judgment entered in terms of prayers (b), (c), (d) and (e) of the Notice of Motion dated 29/08/2013 in Misc.190/2011, Misc.187/2011, Misc.170/2011 and Misc.173/2011
- Jurisdiction invoked
- Section 51(2) of the Advocates Act Cap 16 and paragraph 7 of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kennedy Okong'o (suing as Advocate) v Client/Respondent", Case Analysis (2014). Miscellaneous Application (Advocate/Client bill) — Notice of Motion dated 29 August 2013 (related files Misc.190/2011, Misc.187/2011, Misc.170/2011, Misc.173/2011). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.