[2020] KEHC 8388 (KLR)

[2020] KEHC 8388 (KLR)

The court found that the certificate of costs dated 23/09/2019 had become final as there was no dispute as to retainer and no challenge to the certificate. Accordingly, judgment was entered for the applicant for the certified sum of Kshs.100,187.92 with interest at court rates from the date of the certificate until...

Source-derived case information.

Citation
[2020] KEHC 8388 (KLR)
Parties
Applicant: Azmina Husein Amarshi Advocate; Respondent: Trident Insurance Company Limited
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Application 150 of 2019
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for the applicant
Judges
CA Otieno
Legal Topics
Advocate Client Costs, Certificate of Costs, Judgment Entry, Interest on Costs
Source Language
en
Civil Procedure Advocate Client Costs Certificate of Costs Judgment Entry Interest on Costs

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Parties

Azmina Husein Amarshi Advocate

Applicant

Trident Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the certificate of costs is final and enforceable in the absence of a dispute as to retainer.
  2. 2 Whether the applicant is entitled to judgment for the certified costs and interest.

Ratio Decidendi

The court found that the certificate of costs dated 23/09/2019 had become final as there was no dispute as to retainer and no challenge to the certificate. Accordingly, judgment was entered for the applicant for the certified sum of Kshs.100,187.92 with interest at court rates from the date of the certificate until payment in full. The court also awarded costs of the proceedings, assessed at Kshs.15,000, as no further proceedings were anticipated.

Court Disposition

judgment for the applicant

Orders

  • Judgment entered for the applicant against the respondent in the sum of Kshs.100,187.92 with interest at court rates from 23/09/2019 until payment in full.
  • Applicant awarded costs of the proceedings assessed at Kshs.15,000 all inclusive.