[2019] KEHC 2338 (KLR)

[2019] KEHC 2338 (KLR)

The court found that the certificate of costs on record had become final and there was no contest as to retainer by the client. In accordance with Section 51(2) of the Advocates Act, the court held that the advocate was entitled to judgment for the certified sum, together with interest at 12% per annum from the date...

Source-derived case information.

Citation
[2019] KEHC 2338 (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 322 of 2005
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for the applicant
Judges
CA Otieno
Legal Topics
Taxation of Costs, Certificate of Costs, Advocate Client Disputes
Source Language
en
Civil Procedure Taxation of Costs Certificate of Costs Advocate Client Disputes

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
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 certificate of costs is final and enforceable against the client/respondent.
  2. 2 Whether there is any contest as to retainer by the client.
  3. 3 Whether the applicant is entitled to judgment for the certified costs and interest.

Ratio Decidendi

The court found that the certificate of costs on record had become final and there was no contest as to retainer by the client. In accordance with Section 51(2) of the Advocates Act, the court held that the advocate was entitled to judgment for the certified sum, together with interest at 12% per annum from the date of the certificate until payment in full. The court also awarded the costs of the proceedings to the applicant.

Court Disposition

judgment for the applicant

Orders

  • Judgment is entered for the Advocate/Applicant against the client/respondent in the sum of Kshs.57,990 with interest at 12% per annum from the date of the certificate until payment in full.
  • The Advocate/Applicant is awarded the costs of these proceedings in the sum of Kshs.10,000.