[2019] KEHC 10584 (KLR)

[2019] KEHC 10584 (KLR)

The court held that since the certificate of costs had not been disturbed and there was no dispute as to retainer, the advocate was entitled to judgment for the amount certified. The respondent had been duly served and did not challenge the certificate or the retainer. Therefore, judgment was entered for the...

Source-derived case information.

Citation
[2019] KEHC 10584 (KLR)
Parties
Applicant: Calleb Ananda Manase t/a M. Ananda & Co. Advocates; Respondent: Corporate Insurance Co. Ltd
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 261 of 2017
Procedural Posture
Miscellaneous Application / Ruling
Outcome
judgment for applicant
Judges
CA Otieno
Legal Topics
Taxation of Costs, Advocate Client Costs, Certificate of Costs
Source Language
en
Civil Procedure Taxation of Costs Advocate Client Costs Certificate of Costs

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Parties

Calleb Ananda Manase t/a M. Ananda & Co. Advocates

Applicant

Corporate Insurance Co. Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the advocate is entitled to judgment on the certificate of costs where there is no dispute as to retainer.
  2. 2 Whether further taxation can be undertaken after issuance of a certificate of costs.

Ratio Decidendi

The court held that since the certificate of costs had not been disturbed and there was no dispute as to retainer, the advocate was entitled to judgment for the amount certified. The respondent had been duly served and did not challenge the certificate or the retainer. Therefore, judgment was entered for the applicant for the sum certified, together with interest from the date of the certificate until payment in full. The court further held that as this was a taxation matter between advocate and client, no further taxation could be undertaken, and awarded the applicant additional costs for the proceedings.

Court Disposition

judgment for applicant

Orders

  • Judgment entered for the applicant in the sum of Kshs.120,943.73 plus interest from the date of the certificate until payment in full.
  • Applicant awarded costs of these proceedings assessed at Kshs.10,000 all inclusive.