[2018] KEHC 2487 (KLR)

[2018] KEHC 2487 (KLR)

The court found that the applicant, having obtained a certificate of costs which was neither set aside nor altered, was entitled to judgment for the certified sum. The law provides that such a certificate is conclusive as to the amount of costs, and the applicant is also entitled to interest at 14% per annum from...

Source-derived case information.

Citation
[2018] KEHC 2487 (KLR)
Parties
Applicant: J.G. Kariuki t/a Gachiri Kariuki & Co. Advocates; Respondent: Invesco Assurance Co. Ltd
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 209 of 2006
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for the applicant
Judges
CA Otieno
Legal Topics
Taxation of Costs, Certificate of Costs, Interest on Costs
Source Language
en
Civil Procedure Taxation of Costs Certificate of Costs Interest on Costs

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Parties

J.G. Kariuki t/a Gachiri Kariuki & Co. Advocates

Applicant

Invesco Assurance Co. Ltd

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to judgment in terms of the certificate of costs.
  2. 2 Whether the applicant is entitled to interest and costs of the proceedings.

Ratio Decidendi

The court found that the applicant, having obtained a certificate of costs which was neither set aside nor altered, was entitled to judgment for the certified sum. The law provides that such a certificate is conclusive as to the amount of costs, and the applicant is also entitled to interest at 14% per annum from the date of the certificate until payment in full. Additionally, the applicant was awarded the costs of the proceedings, as there was no opposition from the respondent and no reason to deny such costs.

Court Disposition

judgment for the applicant

Orders

  • Judgment entered for the applicant against the respondent in the sum of Kshs.34,040.00 in terms of the certificate of costs dated 30/7/2018, plus interest at 14% per annum.
  • The applicant is awarded the costs of these proceedings assessed at Kshs.7,500 all inclusive.