[2019] KEHC 2267 (KLR)

[2019] KEHC 2267 (KLR)

The court found that the certificate of costs in favour of the applicant had become final and that there was no opposition or dispute as to retainer from the respondent. In the absence of any challenge, the applicant was entitled to judgment for the certified sum with interest as provided by law. The court also...

Source-derived case information.

Citation
[2019] KEHC 2267 (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 78 of 2019
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for the applicant
Judges
CA Otieno
Legal Topics
Advocate Remuneration, Certificate of Costs, Entry of Judgment
Source Language
en
Civil Procedure Advocate Remuneration Certificate of Costs Entry of Judgment

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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 entry of judgment based on a final certificate of costs.
  2. 2 Whether there is any valid opposition or dispute as to retainer or costs.

Ratio Decidendi

The court found that the certificate of costs in favour of the applicant had become final and that there was no opposition or dispute as to retainer from the respondent. In the absence of any challenge, the applicant was entitled to judgment for the certified sum with interest as provided by law. The court also awarded the applicant the costs of the proceedings.

Court Disposition

judgment for the applicant

Orders

  • Judgment entered for the applicant in the sum of Kshs.35,798 with interest at 12% per annum from the date of the certificate of costs until payment in full.
  • The applicant is awarded costs of these proceedings in the sum of Kshs.10,000.