[2019] KEHC 10774 (KLR)
The court found that the certificate of costs had become final and was uncontested, and there was no dispute as to retainer. Accordingly, judgment was entered for the applicant for the certified sum, with interest at 14% from the date of the certificate until payment in full. The court further held that no further...
Source-derived case information.
- Citation
- [2019] KEHC 10774 (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 955 of 2006
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for the applicant
- Judges
- CA Otieno
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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 Whether the applicant is entitled to judgment based on the certificate of costs.
- 2 Whether the applicant is entitled to interest on the certified costs.
- 3 Whether further bills of costs may be filed in this matter.
Ratio Decidendi
The court found that the certificate of costs had become final and was uncontested, and there was no dispute as to retainer. Accordingly, judgment was entered for the applicant for the certified sum, with interest at 14% from the date of the certificate until payment in full. The court further held that no further bill of costs could be filed in this matter and awarded the applicant the costs of the proceedings, assessed at Kshs.10,000 all inclusive.
Court Disposition
judgment for the applicant
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs.36,775 plus interest at 14% from the date of the certificate until payment in full.
- The applicant is awarded the costs of these proceedings assessed at Kshs.10,000 all inclusive.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. CIVIL APPLICATION NO. 955 OF 2006
J.G. KARIUKI T/A GACHIRI KARIUKI & CO. ADVOCATES.........APPLICANT
VERSUS
INVESCO ASSURANCE CO. LTD......................................................RESPONDENT
J U D G M E N T
1. On the basis of the certificate of costs which has become final and in the absence of contest as to retainer, I do enter judgment for the Advocate/Applicant against the client/respondent in the sum of Kshs.36,775/= plus interests thereon at 14% from the date of the certificate till payment in full.
2. This being a matter of taxation of Advocate/client bill of costs on which no further bill of costs may be filed, I award to the advocate the costs of these proceedings which I assess in the sum of Kshs.10,000/= all inclusive.
Dated and delivered at Mombasa on this 29thday of January 2019.
P.J.O. OTIENO
JUDGE