[2019] KEHC 2208 (KLR)

[2019] KEHC 2208 (KLR)

The court found that the respondent, having been duly served, failed to attend or file any response to the application. There being no dispute as to retainer and the certificate of costs having become final, the court entered judgment for the applicant for the certified sum, together with interest at 12% per annum...

Source-derived case information.

Citation
[2019] KEHC 2208 (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 81 of 2019
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for the applicant
Judges
CA Otieno
Legal Topics
Advocate Client Costs, Certificate of Costs, Judgment in Default, Interest on Costs
Source Language
en
Civil Procedure Advocate Client Costs Certificate of Costs Judgment in Default 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 certificate of costs is final and enforceable in the absence of a response from the respondent.
  2. 2 Whether judgment should be entered for the applicant for the certified costs and interest.
  3. 3 Whether the applicant is entitled to costs of the proceedings.

Ratio Decidendi

The court found that the respondent, having been duly served, failed to attend or file any response to the application. There being no dispute as to retainer and the certificate of costs having become final, the court entered judgment for the applicant for the certified sum, together with interest at 12% per annum from the date of the certificate until payment in full. The applicant was also awarded the costs of the proceedings.

Court Disposition

judgment for the applicant

Orders

  • Judgment entered for the applicant against the respondent in the sum of Kshs.59,208 with interest at 12% per annum from the date of the certificate until payment in full.
  • The applicant is awarded costs of these proceedings in the sum of Kshs.10,000.