[2020] KEHC 8583 (KLR)

[2020] KEHC 8583 (KLR)

The court held that since the certificate of costs had become final and there was no dispute as to retainer, judgment must be entered for the advocate against the client for the certified sum, together with interest at court rates from the date of the certificate until payment in full. The court further awarded the...

Source-derived case information.

Citation
[2020] KEHC 8583 (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 151 of 2019
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Judgment entered for the applicant for the certified costs plus interest and costs of the proceedings.
Judges
CA Otieno
Legal Topics
Advocate Client Costs, Certificate of Costs, Interest on Costs
Source Language
en
Civil Procedure Advocate Client Costs Certificate of Costs 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 conclusive in the absence of a dispute as to retainer.
  2. 2 Whether judgment should be entered for the advocate against the client for the certified sum plus interest.

Ratio Decidendi

The court held that since the certificate of costs had become final and there was no dispute as to retainer, judgment must be entered for the advocate against the client for the certified sum, together with interest at court rates from the date of the certificate until payment in full. The court further awarded the costs of the proceedings to the advocate/applicant.

Court Disposition

Judgment entered for the applicant for the certified costs plus interest and costs of the proceedings.

Orders

  • Judgment is entered for the Advocate/Applicant against the Client/Respondent for Kshs.131,063 in terms of the Certificate of costs dated 27/8/2019, together with interest at court rates from the date of the Certificate until payment in full.
  • The costs of these proceedings are awarded to the Advocate/Applicant in the sum of Kshs.15,000 all inclusive.