[2019] KEHC 10778 (KLR)

[2019] KEHC 10778 (KLR)

The court held that since the certificate of costs had become final and there was no contestation as to retainer by the respondent, the applicant was entitled to judgment for the certified sum. The court further held that interest at 14% per annum was payable from the date of the certificate until payment in full,...

Source-derived case information.

Citation
[2019] KEHC 10778 (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 949 of 2009
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for applicant
Judges
CA Otieno
Legal Topics
Advocate Client Costs, Certificate of Costs, Interest on Costs
Source Language
en
Civil Procedure Advocate Client 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 on the certificate of costs against the respondent.
  2. 2 Whether interest is payable on the certified costs from the date of the certificate until payment in full.
  3. 3 Whether the applicant is entitled to the costs of these proceedings.

Ratio Decidendi

The court held that since the certificate of costs had become final and there was no contestation as to retainer by the respondent, the applicant was entitled to judgment for the certified sum. 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 awarded the costs of the proceedings, which were assessed at Kshs.10,000 all inclusive.

Court Disposition

judgment for applicant

Orders

  • Judgment entered for the applicant/advocate against the respondent/client in the sum of Kshs.38,470.
  • Interest at 14% per annum awarded on the sum of Kshs.38,470 from the date of the certificate until payment in full.