[2018] KEHC 2468 (KLR)

[2018] KEHC 2468 (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 certified sum. The court further held that interest at 14% per annum was payable from the date of the certificate of costs, in accordance with the Advocates Act. The...

Source-derived case information.

Citation
[2018] KEHC 2468 (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 960 of 2006
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Judgment entered for the applicant for the certified costs, interest, and costs of the proceedings.
Judges
CA Otieno
Legal Topics
Advocate Remuneration, Taxation of Costs
Source Language
en
Civil Procedure Advocate Remuneration Taxation 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 advocate is entitled to judgment for the taxed costs as certified.
  2. 2 Whether the applicant is entitled to interest on the certified costs.
  3. 3 Whether the applicant is entitled to costs of the 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 certified sum. The court further held that interest at 14% per annum was payable from the date of the certificate of costs, in accordance with the Advocates Act. The applicant was also awarded the costs of the proceedings, assessed at Kshs.7,500, as there was no opposition from the respondent and the application was meritorious.

Court Disposition

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

Orders

  • Judgment is entered for the Advocate/Applicant in the sum of Kshs.41,760.00 plus interest at 14% per annum from the date of certificate of costs.
  • The Advocate/Applicant is awarded the costs of these proceedings assessed at Kshs.7,500 all inclusive.