[2020] KEHC 2494 (KLR)

[2020] KEHC 2494 (KLR)

The court held that since the certificate of costs issued to the applicant had not been challenged by the respondent through a reference or objection, judgment must be entered for the applicant for the certified sum. The court further held that interest at 14% per annum is payable from the date specified in the...

Source-derived case information.

Citation
[2020] KEHC 2494 (KLR)
Parties
Applicant: L.G. Menezes & Company Advocates; Respondent: Xplico Insurance Company Limited
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Case 26 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Advocate Client Costs
Outcome
Judgment entered for the applicant for the certified costs with interest; each party to bear own costs of the application.
Judges
RE Aburili
Legal Topics
Advocate Client Costs, Certificate of Costs, Judgment Entry, Interest on Costs
Source Language
en
Civil Procedure Advocate Client Costs Certificate of Costs Judgment Entry Interest on Costs

Source-derived case record

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Parties

L.G. Menezes & Company Advocates

Applicant

Xplico Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Advocate Client Costs

Legal Issues

  1. 1 Whether the certificate of costs should be adopted as judgment in the absence of a reference or objection by the client.
  2. 2 Whether interest is payable on the certified costs and from what date.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court held that since the certificate of costs issued to the applicant had not been challenged by the respondent through a reference or objection, judgment must be entered for the applicant for the certified sum. The court further held that interest at 14% per annum is payable from the date specified in the certificate until payment in full. The court also exercised its discretion to order that each party bear their own costs of the application, thereby bringing the issue of costs between the parties to an end.

Court Disposition

Judgment entered for the applicant for the certified costs with interest; each party to bear own costs of the application.

Orders

  • Judgment is entered for the Advocate/Applicant against the Respondent/Client in the sum of Kshs. 140,423 as per the Certificate of Costs dated 18/2/2020.
  • Interest at 14% per annum is payable from 7/12/2019 until payment in full.