1. I have considered the grounds set out in the main body of the Notice of Motion Application dated 3rd June, 2024 together with further grounds in the supporting affidavit sworn on even date and the further affidavit filed by the applicant and sworn 10th July, 2024. The application is not opposed a return of service is available on the court record.
2. Section 51(2) of the Advocates Act provides for entry of judgment on taxed costs as follows;
“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.”
3. It is therefore clear to me 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.
4. 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.”
5. 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.
6. Looking at the application I see that the applicant has annexed the following documents in support of his application:
a) Bill of costs dated 23rd August, 2023, duly served on 18th September, 2023
b) Certificate of taxation dated 13th May, 2024
c) Service of the Certificate of taxation on 23rd May, 2024 and once again with the application.
7. The present application was duly served and a return of service is on the court file.
8. Based on the reasons stated above, I am satisfied that the Application is with merit.
9. 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 calculable after thirty (30) days from the date when the bill of cost was served upon the Client.
c. Costs of this application shall be awarded to the Advocate.
d. The file is marked as closed