[2018] KEHC 2702 (KLR)

[2018] KEHC 2702 (KLR)

The court found that the advocate/applicant was entitled to judgment for the taxed costs against the client/respondent, as there was no opposition to the application and the amount had been duly taxed. The court further held that interest at 14% per annum from 1/6/2005 until payment in full was justified, and...

Source-derived case information.

Citation
[2018] KEHC 2702 (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 312 of 2005
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Judgment entered for the applicant for the taxed sum with interest and costs.
Judges
CA Otieno
Legal Topics
Advocate Client Costs, Taxation of Costs, Interest on Judgment Debt
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Interest on Judgment Debt

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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 taxed costs and interest.
  2. 2 Whether the applicant is entitled to costs of the proceedings.

Ratio Decidendi

The court found that the advocate/applicant was entitled to judgment for the taxed costs against the client/respondent, as there was no opposition to the application and the amount had been duly taxed. The court further held that interest at 14% per annum from 1/6/2005 until payment in full was justified, and awarded the applicant the costs of the proceedings assessed at Kshs.7,500 all inclusive.

Court Disposition

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

Orders

  • Judgment is entered for the Advocate/Applicant against the Respondent in the sum of Kshs.35,400.70 with interest at 14% from 1/6/2005 until payment in full.
  • The Advocate/Applicant is awarded costs of these proceedings assessed at Kshs.7,500 all inclusive.