[2018] KEHC 2486 (KLR)

[2018] KEHC 2486 (KLR)

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

Source-derived case information.

Citation
[2018] KEHC 2486 (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 948 of 2006
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for 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 interest is payable on the certified costs from the date of the certificate.
  3. 3 Whether the applicant is entitled to costs of these proceedings.

Ratio Decidendi

The court found that the applicant, having obtained a certificate of costs that was neither set aside nor altered, was entitled to judgment for the certified sum. The law provides that such a certificate is final as to the amount of costs, and the applicant is entitled to interest at 14% per annum from the date of the certificate. The respondent did not contest the application, and there was no reason to deny the applicant the costs of these proceedings. Accordingly, judgment was entered for the applicant for the certified sum, interest, and costs as claimed.

Court Disposition

judgment for applicant

Orders

  • Judgment entered for the applicant against the respondent in the sum of Kshs.46,080.00 in terms of the certificate of costs dated 28/3/2018 together with interest at 14% per annum from the date of certificate.
  • The applicant is awarded the costs of these proceedings assessed at Kshs.7,500 all inclusive.