Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
High CourtPartially AllowedNotice of Motion dated 11th July, 2019 (filed 17th July, 2019)

Advocate/Client Bill of Costs - Application to Adopt Certificate of Costs as Judgment

High Court of Kenya
14 November 2019
360 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

If a client doesn't challenge their lawyer's fees, the court can turn the bill of costs into a final judgment.

What this practically means

#

Executive summary

#
By a Notice of Motion dated 11th July, 2019 and filed on 17th July, 2019, brought under Section 51(2) of the Advocates Act, the Advocate sought adoption as judgment and decree of a certificate of costs issued following taxation on 31st May, 2019, for Kshs. 787,808.45, together with interest at 14% per annum from 30th June, 2019 until payment in full, and costs of the application. The bill of costs arose out of Kisumu HCCC No. 08 of 2006, Chemelil Sugar Company Ltd v Keiyan Farm. The bill was taxed at Kshs. 787,808.45 and a certificate dated 10th July, 2019 was issued on 12th July, 2019. The bill had been served on the Client on 14th June, 2019. Although served, the Respondent neither opposed the application nor appeared at the hearing on 1st October, 2019. Cherere J found that the Respondent had not denied retaining the Advocate, and that the Advocate was therefore entitled to its costs. Applying Rule 7 of the Advocates Remuneration Order, the court awarded interest at 14% from 14th July, 2019 - one month after service of the bill - rather than the 30th June, 2019 date sought. The application succeeded. Judgment was entered for the Advocate against the Client for Kshs. 787,808.45, with interest at 14% from 14th July, 2019 until payment in full, and the Advocate was awarded the costs of the application. The judgment was delivered on 14th November, 2019.

Key legal issues

#
01

Adoption of certificate of costs as judgment

Holding

The certificate of costs for Kshs. 787,808.45 was adopted as judgment and decree with 14% interest from 14th July, 2019

Reasoning

The bill of costs was taxed and a certificate issued. The Respondent, though served, did not oppose the application or appear at the hearing, and did not deny retaining the Advocate. The court therefore found the Advocate entitled to its costs and entered judgment accordingly.

p. 1
02

Date from which interest accrues

Holding

Interest at 14% runs from 14th July, 2019 (one month after service of the bill on 14th June 2019) until payment in full

Reasoning

The court applied Rule 7 of the Advocates Remuneration Order, which entitles an advocate to interest on taxed costs after one month from delivery of the bill. The bill was served on 14th June 2019, so interest was awarded from 14th July 2019 rather than the date sought by the Applicant.

p. 1

Legal principles established

#
  • Under Section 51(2) of the Advocates Act, a certificate of taxed advocate-client costs may be adopted as judgment and decree of the High Court, with interest under Rule 7 of the Advocates Remuneration Order

Court orders

#
  1. 1.Judgment entered for the Advocate/Applicant against the Respondent/Client for Kshs. 787,808.45
  2. 2.Interest at 14% from 14th July, 2019 till payment in full
  3. 3.Costs of the application to the Advocate
Jurisdiction invoked
Section 51(2) of the Advocates Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Advocate/Client Bill of Costs - Application to Adopt Certificate of Costs as Judgment", Case Analysis (2019). Notice of Motion dated 11th July, 2019 (filed 17th July, 2019). Source: 

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