1. I have considered the grounds set out in the main body of the Notice of Motion Application dated 5th June 2024 together with further grounds in the supporting affidavit sworn on even date. The same seeks entry of judgment on a certificate of taxation.
2. The application is not opposed and an affidavit of service has been filed in respect of the same is available in the court file.
3. The applicable law is found at Section 51(2) of the Advocates Act which provides:
“The certificate of a taxing officer by whom it has been taxed shall, unless it is set aside or altered by the court, be final as to the amount of costs covered thereby, and the court may make such order in relation thereto as it thinks fit, including in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
5. Further, Rules 7 of the Advocates Remuneration Order provides:
“An advocate may charge interests at 14% per annum on his disbursement and costs whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, such claim for interests is raised before the amount of the bill has been paid or tendered in full.”
6. Looking at the application I see that the applicant has annexed the following documents in support of his application:
a) Bill of costs, taxed on 23 April, 2024 and the same was served on the respondent on 31st October, 2023
b) Certificate of taxation dated 13th May, 2024
c) Evidence of service of the Certificate of Taxation together with the present application on 6th June 2024.
7. Based on the above, I am satisfied that the claim for the sum and the interest, which accrues one month from the date of service of the bill of costs are supported in law.
8. The application is accordingly allowed as prayed for.
The file is marked closed.