[2018] KEHC 2503 (KLR)

[2018] KEHC 2503 (KLR)

The court found that the applicant, having obtained a certificate of taxation for the sum of Kshs.46,365.00, was entitled to judgment for that amount as the respondent had not challenged or set aside the certificate. The court further held that interest at 14% per annum was payable from the date of the certificate...

Source-derived case information.

Citation
[2018] KEHC 2503 (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 953 of 2006
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Judgment entered for the applicant for the taxed sum, interest, and costs.
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 applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
  2. 2 Whether the applicant is entitled to interest on the taxed sum and costs of the proceedings.

Ratio Decidendi

The court found that the applicant, having obtained a certificate of taxation for the sum of Kshs.46,365.00, was entitled to judgment for that amount as the respondent had not challenged or set aside the certificate. The court further held that interest at 14% per annum was payable from the date of the certificate until payment in full, in accordance with the Advocates (Remuneration) Order. The applicant was also entitled to the costs of the proceedings, which were assessed at Kshs.7,500.00.

Court Disposition

Judgment entered for the applicant for the taxed sum, interest, and costs.

Orders

  • Judgment is entered for the Advocate/Applicant in the sum of Kshs.46,365.00 plus interest at 14% per annum from the date of certificate till payment in full.
  • The costs of these proceedings assessed at Kshs.7,500.00 is also awarded to the Advocate/Applicant.