[2018] KEHC 2693 (KLR)

[2018] KEHC 2693 (KLR)

The court found that the application was straightforward as there was a valid Certificate of Costs dated 20th November 2011, and there was no dispute raised by the respondent regarding the retainer or the amount certified. In the absence of any opposition or challenge to the Certificate of Costs, the court held that...

Source-derived case information.

Citation
[2018] KEHC 2693 (KLR)
Parties
Applicant: John Mbua Mburu t/a J.M. Mburu & Co. Advocates; Respondent: Municipal Council of Mombasa
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 42 of 2011
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Judgment entered for the applicant for the certified costs and costs of the proceedings.
Judges
CA Otieno
Legal Topics
Advocate Remuneration, Certificate of Costs, Judgment in Default
Source Language
en
Civil Procedure Advocate Remuneration Certificate of Costs Judgment in Default

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Parties

John Mbua Mburu t/a J.M. Mburu & Co. Advocates

Applicant

Municipal Council of Mombasa

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for the certified costs as per the Certificate of Costs.
  2. 2 Whether the applicant is entitled to costs of the proceedings.

Ratio Decidendi

The court found that the application was straightforward as there was a valid Certificate of Costs dated 20th November 2011, and there was no dispute raised by the respondent regarding the retainer or the amount certified. In the absence of any opposition or challenge to the Certificate of Costs, the court held that the applicant was entitled to judgment for the certified sum. The court also awarded the applicant the costs of the present proceedings, assessed at Kshs.7,000, as there was no reason to deny such costs.

Court Disposition

Judgment entered for the applicant for the certified costs and costs of the proceedings.

Orders

  • Judgment is entered for the applicant in the sum of Kshs.150,111.90.
  • The applicant is awarded costs of these proceedings assessed at Kshs.7,000 all inclusive.