Case ID:170791

Otieno, Ragot & Co. Advocates v Sharif Ahmed Wasuge [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Civil Application 121 of 2017

Parties:

Otieno, Ragot & Co. Advocates v Sharif Ahmed Wasuge

Date Delivered:

10 Nov 2020

Case Class:

Civil

Court:

High Court at Kisumu

Case Action:

Ruling

Judge(s):

Fred Andago Ochieng

Citation:

Otieno, Ragot & Co. Advocates v Sharif Ahmed Wasuge [2020] eKLR

Court Division:

Civil

County:

Kisumu

Case Outcome:

Application awarded to the Applicant.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

MISC. CIVIL APPLICATION NO. 121 OF 2017

OTIENO, RAGOT & CO. ADVOCATES.......

APPLICANT

-VERSUS-

SHARIF AHMED WASUG...........................

RESPONDENT

RULING

The application before me was made pursuant to

Section 51

of the

Advocates Act

. It is an application seeking to have the Certificate of Costs dated 5

th

October 2017 adopted as a Judgment.

1. The sum awarded to the Applicant, as reflected on the said Certificate of Costs, is Kshs 332,731.67.

2. Although the Respondent was duly served with the application, he did not file any response to it. In effect, the application was unopposed.

3. The Applicant asked the court to award Interest on the costs, at the rate of 14% per annum, with effect from 5

th

October 2017.

4. When the court inquired from the Applicant the reason for asking that Interest should accrue from 5

th

4. October 2017, Miss Osewe, the learned advocate for the Applicant told the court that it was because that was the date when the Advocate/Applicant had delivered the Certificate of Costs, to the Client/Respondent.

5. In the light of that answer, the Court asked the Applicant to shed light on the date when the Respondent was first made aware of the quantum of the taxed costs.

6. I raised that issue after noting that the Respondent was absent during the process of taxation. In the circumstances, it occurred to me that the Respondent would not have been aware of the taxed costs until the same was brought to his attention.

7. Secondly, I noted that although the Advocate/Client Bill of Costs was taxed on 5

th

October 2017, it was not until 13

th

February 2020 that the Applicant sought and was issued with the Certificate of Costs.

8. The Applicant informed the Court that the Respondent was first notified about the taxed costs on 4

th

March 2020.

9. In the circumstances, I now grant Judgment in favour of the Applicant, for the sum of Kshs 332,731.67, together with interest at 14% per annum from 4

th

April 2020, until payment in full.

10. The applicable date from when interest accrues is informed by the fact that it is a date that falls upon the expiration of one month from the date the Client/Respondent was first made aware of the taxed costs which he was obliged to settle.

11. Finally, the costs of the application dated 25

th

February 2020 are awarded to the Applicant.

DATED, SIGNED

and

DELIVERED

at

KISUMU

This

10

th

day of

November

2020

FRED A. OCHIENG

JUDGE