[2019] KEHC 2342 (KLR)

[2019] KEHC 2342 (KLR)

The court found that the certificate of costs dated 14/8/2019 had become final and there was no evidence that it had been set aside or that the retainer was disputed. Accordingly, the applicant was entitled to judgment for the certified sum of Kshs.64,368 with interest at 12% per annum from 14/8/2019 until payment...

Source-derived case information.

Citation
[2019] KEHC 2342 (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 28 of 2019
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Judgment entered for the applicant for Kshs.64,368 with interest at 12% per annum from 14/8/2019 until payment in full; applicant awarded costs of Kshs.10,000.
Judges
CA Otieno
Legal Topics
Advocate Remuneration, Certificate of Costs, Judgment Entry
Source Language
en
Civil Procedure Advocate Remuneration Certificate of Costs Judgment Entry

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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 certificate of costs dated 14/8/2019 is final and enforceable.
  2. 2 Whether there is any evidence that the certificate of costs has been set aside or that the retainer is disputed.
  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 dated 14/8/2019 had become final and there was no evidence that it had been set aside or that the retainer was disputed. Accordingly, the applicant was entitled to judgment for the certified sum of Kshs.64,368 with interest at 12% per annum from 14/8/2019 until payment in full. The applicant was also awarded costs of the proceedings in the sum of Kshs.10,000.

Court Disposition

Judgment entered for the applicant for Kshs.64,368 with interest at 12% per annum from 14/8/2019 until payment in full; applicant awarded costs of Kshs.10,000.

Orders

  • Judgment for the applicant in the sum of Kshs.64,368 with interest at 12% per annum from 14/8/2019 until payment in full.
  • Applicant awarded costs of these proceedings in the sum of Kshs.10,000.