[2022] KEHC 1079 (KLR)

[2022] KEHC 1079 (KLR)

The court held that since the certificate of costs dated 23.4.2021 had not been upset, it had become final. Consequently, the applicant was entitled to judgment for the sum certified therein, together with interest at court rates from the date of the certificate until payment in full. The court further exercised its...

Source-derived case information.

Citation
[2022] KEHC 1079 (KLR)
Parties
Applicant: Joe Ngigi & Co. Advocates; Respondent: Xplico Insurance Co. Ltd
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 63 of 2020
Procedural Posture
Miscellaneous Civil Case / Judgment
Outcome
Judgment entered for the applicant for the certified costs plus interest and further assessed costs.
Judges
CA Otieno
Legal Topics
Taxation of Costs, Certificate of Costs, Judgment Entry
Source Language
en
Civil Procedure Taxation of Costs Certificate of Costs Judgment Entry

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Summary, issues, holding and outcome

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Parties

Joe Ngigi & Co. Advocates

Applicant

Xplico Insurance Co. Ltd

Respondent

Procedural Posture

Miscellaneous Civil Case / Judgment

Legal Issues

  1. 1 Whether the certificate of costs dated 23.4.2021 is final and enforceable.
  2. 2 Whether the applicant is entitled to judgment for the certified costs and further costs assessed by the court.

Ratio Decidendi

The court held that since the certificate of costs dated 23.4.2021 had not been upset, it had become final. Consequently, the applicant was entitled to judgment for the sum certified therein, together with interest at court rates from the date of the certificate until payment in full. The court further exercised its discretion to assess and award additional costs to the applicant in the sum of Kshs. 15,000.

Court Disposition

Judgment entered for the applicant for the certified costs plus interest and further assessed costs.

Orders

  • Judgment is entered for the advocate/applicant against the client/respondent in the sum of Kshs. 213,759 with interest at court rates from the date of the certificate until payment in full.
  • The advocate/applicant is awarded further costs assessed at Kshs. 15,000.