[2019] KEHC 9798 (KLR)

[2019] KEHC 9798 (KLR)

The court held that since the certificate of costs had become final and there was no dispute as to retainer, the applicant was entitled to judgment for the certified amount. The court further awarded interest at 14% per annum from the date of the certificate until payment in full, as well as the costs of the...

Source-derived case information.

Citation
[2019] KEHC 9798 (KLR)
Parties
Applicant: Joseph Karanja Kanyi t/a Kanyi J. & Company Advocates; Respondent: Monica Wambui Kamau; Respondent: Zacharia Njenga Kamau
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Application 75 of 2018
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment for the applicant
Judges
CA Otieno
Legal Topics
Advocate Client Costs, Certificate of Costs, Interest on Costs
Source Language
en
Civil Procedure Advocate Client Costs Certificate of Costs Interest on Costs

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Parties

Joseph Karanja Kanyi t/a Kanyi J. & Company Advocates

Applicant

Monica Wambui Kamau

Respondent

Zacharia Njenga Kamau

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the certificate of costs is final and enforceable in the absence of a dispute as to retainer.
  2. 2 Whether the applicant is entitled to judgment for the certified costs and interest.

Ratio Decidendi

The court held that since the certificate of costs had become final and there was no dispute as to retainer, the applicant was entitled to judgment for the certified amount. The court further awarded interest at 14% per annum from the date of the certificate until payment in full, as well as the costs of the proceedings. The absence of any challenge by the respondents meant the statutory requirements for entry of judgment under Section 51(2) of the Advocates Act were satisfied.

Court Disposition

judgment for the applicant

Orders

  • Judgment entered for the applicant against the respondents in the sum of Kshs.1,365,838.03 with interest at 14% from the date of the certificate until payment in full.
  • The applicant is awarded costs of these proceedings assessed at Kshs.7,500 all inclusive.