1. I have considered the grounds set out in the main body of the NOM Application dated 10.6.24 together with further grounds in the supporting affidavit sworn on even date; the replying affidavit sworn on 7th August, 2024 in opposition to the Application; the rival submissions; and the applicable law.
2. The respondent stated that the parties had agreed on the applicable rate of interest to be charged on the outstanding sums due to the applicant. Counsel however admitted that the said agreement framed as a consent but was never adopted as an order of the court. Accordingly, the consent remains no more than a contractual agreement between the parties rather than an order of the court. It is also not in dispute that the terms of the agreement were never honoured giving rise to the present application. No further ground of opposition was tendered in response.
3. Section 51(2) of the Advocates Act provides for entry of judgment on taxed costs as follows;
4. “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. It is therefore clear that where costs have been taxed and certified and the retainer is not in dispute, the court has discretion to enter judgment for the advocate as against the client for the taxed amount, as the certificate of costs bears finality in respect to the costs owed by the client to the advocate, unless the same is set aside.
6. Rule 7 of the Advocates (Remuneration) Order provides that:-
i. “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.”
7. Having carefully considered the affidavits and respective submissions, it is clear to me that the Certificate of Costs that was issued by the Taxing Officer had not been set aside and/or altered.
8. Looking at the application I see that the applicant has annexed the following documents in support of his application:
a) Bill of costs dated 21 March 2023, duly served.
b) Certificate of taxation dated 19 January 2024
c) Service of the Certificate of taxation on 22nd January 2024.
9. I am satisfied that the applicant has met the threshold for grant of the prayers sought.
10. Based on the reasons stated above, I am satisfied that the Application is with merit.
11. The orders of the court are as follows:
a. Prayer 1 is granted.
b. Prayer 2 is granted. Interest is awarded at fourteen (14%) per cent per annum from the date of taxation being: 19 January, 2024.
c. Costs of this application shall be awarded to the Advocate.
d. The file is marked as closed