[2019] KEHC 2290 (KLR)

[2019] KEHC 2290 (KLR)

The court found that since the certificate of costs had become final and there was no contestation on the retainer, the applicant was entitled to judgment for the certified amount plus interest. The absence of any challenge from the respondent on either the retainer or the quantum of costs meant that the statutory...

Source-derived case information.

Citation
[2019] KEHC 2290 (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 314 of 2005
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for the applicant
Judges
CA Otieno
Legal Topics
Advocate Remuneration, Certificate of Costs, Judgment Entry
Source Language
en
Civil Procedure Advocate Remuneration Certificate of Costs Judgment Entry

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 based on a final certificate of costs.
  2. 2 Whether there is any contestation on the retainer between the parties.

Ratio Decidendi

The court found that since the certificate of costs had become final and there was no contestation on the retainer, the applicant was entitled to judgment for the certified amount plus interest. The absence of any challenge from the respondent on either the retainer or the quantum of costs meant that the statutory requirements for entry of judgment under Section 51(2) of the Advocates Act were satisfied. The court also awarded the applicant the costs of the proceedings, as is customary when a party succeeds in such an application.

Court Disposition

judgment for the applicant

Orders

  • Judgment entered for the applicant/advocate in the sum of Kshs.39,651.10 plus interest at 12% per annum from the date of the certificate until payment in full.
  • Applicant awarded costs of these proceedings assessed at Kshs.10,000.00.