[2018] KEHC 2379 (KLR)

[2018] KEHC 2379 (KLR)

The court found that the applicant, having obtained a certificate of costs which had not been set aside or altered, was entitled to judgment for the sum certified therein. The court further held that interest at 14% per annum was payable from the date of taxation until payment in full, as provided by law. The...

Source-derived case information.

Citation
[2018] KEHC 2379 (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 956 of 2006
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for the applicant
Judges
CA Otieno
Legal Topics
Advocate Client Costs, Taxation of Costs, Certificate of Costs
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Certificate of 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 for the taxed costs as per the certificate of costs.
  2. 2 Whether the applicant is entitled to interest on the taxed costs at the statutory rate.
  3. 3 Whether the applicant is entitled to the costs of these proceedings.

Ratio Decidendi

The court found that the applicant, having obtained a certificate of costs which had not been set aside or altered, was entitled to judgment for the sum certified therein. The court further held that interest at 14% per annum was payable from the date of taxation until payment in full, as provided by law. The applicant was also entitled to the costs of the proceedings, which were assessed by the court.

Court Disposition

judgment for the applicant

Orders

  • Judgment entered for the applicant against the respondent in the sum of Kshs.37,790.00 in terms of the certificate of costs dated 30/7/2018 together with interest at 14% per annum.
  • The applicant is awarded the costs of these proceedings assessed at Kshs.7,500 all inclusive.