[2019] KEHC 10747 (KLR)

[2019] KEHC 10747 (KLR)

The court found that the respondent was duly served and did not dispute the retainer or the certificate of costs. The certificate of costs had become final, and no further bill of costs was anticipated. Accordingly, the court entered judgment for the applicant for the certified sum of Kshs.81,526 with interest at...

Source-derived case information.

Citation
[2019] KEHC 10747 (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 308 of 2005
Procedural Posture
Miscellaneous Application / Ruling on Advocate Client Costs
Outcome
judgment for the applicant (advocate) against the respondent (client) for certified costs plus interest and costs of proceedings
Judges
CA Otieno
Legal Topics
Advocate Client Costs, Taxation of Costs, Certificate of Costs
Source Language
en
Civil Procedure Advocate Client Costs Taxation of Costs Certificate 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 / Ruling on Advocate Client Costs

Legal Issues

  1. 1 Whether the respondent was duly served with the application for taxation of costs.
  2. 2 Whether the certificate of costs is final and conclusive.
  3. 3 Whether there is any dispute as to retainer between the advocate and client.

Ratio Decidendi

The court found that the respondent was duly served and did not dispute the retainer or the certificate of costs. The certificate of costs had become final, and no further bill of costs was anticipated. Accordingly, the court entered judgment for the applicant for the certified sum of Kshs.81,526 with interest at 14% from the date of the certificate until payment in full, and awarded the costs of the proceedings assessed at Kshs.10,000.

Court Disposition

judgment for the applicant (advocate) against the respondent (client) for certified costs plus interest and costs of proceedings

Orders

  • Judgment entered for the applicant in the sum of Kshs.81,526 plus interest at 14% from the date of the certificate until payment in full.
  • The respondent to pay the costs of these proceedings assessed at Kshs.10,000 all inclusive.