[2020] KEHC 2505 (KLR)

[2020] KEHC 2505 (KLR)

The court found that the respondent was duly served but failed to appear or file any objection to the application for judgment on the certificate of costs. There being no reference or challenge to the certificate of costs, and the application being properly brought under Section 51(2) of the Advocates Act, the court...

Source-derived case information.

Citation
[2020] KEHC 2505 (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 25 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs
Outcome
judgment for applicant advocate on certificate of costs
Judges
RE Aburili
Legal Topics
Advocate Client Costs, Certificate of Costs, Judgment Entry
Source Language
en
Civil Procedure Advocate Client Costs Certificate of Costs Judgment Entry

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Parties

L.G. Menezes & Company Advocates

Applicant

Xplico Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs

Legal Issues

  1. 1 Whether judgment should be entered for the applicant advocate against the respondent client as per the certificate of costs.
  2. 2 Whether there is any valid objection or reference challenging the certificate of costs.

Ratio Decidendi

The court found that the respondent was duly served but failed to appear or file any objection to the application for judgment on the certificate of costs. There being no reference or challenge to the certificate of costs, and the application being properly brought under Section 51(2) of the Advocates Act, the court was satisfied that judgment should be entered for the applicant as per the certified sum. The court also exercised its discretion to order that each party bear their own costs of the application, in order to bring the matter of costs to an end.

Court Disposition

judgment for applicant advocate on certificate of costs

Orders

  • Judgment entered for the applicant/advocate against the respondent/client as per the certificate of costs dated 18th February 2020 and issued on 30th June 2020 in the sum of Kshs. 209,469.10 together with interest at 14% per annum from 7/12/2019 until full payment.
  • Decree to issue accordingly.