[2018] KEHC 2488 (KLR)

[2018] KEHC 2488 (KLR)

The court held that since the certificate of costs dated 28/3/2018 had not been set aside or altered, the advocate was entitled to judgment for the certified sum of Kshs.34,790.00. The court further held that interest at 14% per annum was payable on the certified costs as provided by law. The applicant was also...

Source-derived case information.

Citation
[2018] KEHC 2488 (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 952 of 2006
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Judgment entered for the applicant for the certified costs plus interest and costs of the proceedings.
Judges
CA Otieno
Legal Topics
Advocate Client Costs, Taxation of Costs, Interest on Costs
Source Language
en
Civil Procedure Advocate Client Costs Taxation 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 advocate is entitled to judgment against the client for the certified costs.
  2. 2 Whether interest at 14% per annum is payable on the certified costs.
  3. 3 Whether the applicant is entitled to costs of the proceedings.

Ratio Decidendi

The court held that since the certificate of costs dated 28/3/2018 had not been set aside or altered, the advocate was entitled to judgment for the certified sum of Kshs.34,790.00. The court further held that interest at 14% per annum was payable on the certified costs as provided by law. The applicant was also awarded the costs of the proceedings in the sum of Kshs.7,500, all inclusive.

Court Disposition

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

Orders

  • Judgment is entered for the Advocate/Applicant against the Respondent in the sum of Kshs.34,790.00 as per the certificate of costs dated 28/3/2018, plus interest at 14% per annum.
  • The Advocate/Applicant is awarded the costs of these proceedings in the sum of Kshs.7,500 all inclusive.