[2019] KEHC 10736 (KLR)

[2019] KEHC 10736 (KLR)

The court found that the application for judgment on the certificate of costs was unopposed and that there was no contest on the retainer. The certificate of costs dated 22/8/2018 for Kshs.25,650.82 had not been challenged or set aside. Pursuant to Section 51(2) of the Advocates Act, the court held that the...

Source-derived case information.

Citation
[2019] KEHC 10736 (KLR)
Parties
Applicant: Martin Tindi & Co. Advocates; Respondent: McGuiness Rukenya Babu
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 617 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
Outcome
Judgment entered for the applicant for the certified costs, with interest and costs of the proceedings awarded.
Judges
CA Otieno
Legal Topics
Advocate Remuneration, Certificate of Costs, Judgment Entry, Costs Award
Source Language
en
Civil Procedure Advocate Remuneration Certificate of Costs Judgment Entry Costs Award

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Parties

Martin Tindi & Co. Advocates

Applicant

McGuiness Rukenya Babu

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to judgment on the certificate of costs under Section 51(2) of the Advocates Act.
  2. 2 Whether there is any contest on the retainer or the amount certified.
  3. 3 Whether the applicant is entitled to interest and costs of the proceedings.

Ratio Decidendi

The court found that the application for judgment on the certificate of costs was unopposed and that there was no contest on the retainer. The certificate of costs dated 22/8/2018 for Kshs.25,650.82 had not been challenged or set aside. Pursuant to Section 51(2) of the Advocates Act, the court held that the applicant was entitled to judgment for the certified sum, together with interest as provided by Rule 7 of the Advocates Remuneration Rules. The court also awarded the costs of the proceedings to the applicant, assessed at Kshs.10,000. The absence of opposition and the finality of the certificate of costs were determinative.

Court Disposition

Judgment entered for the applicant for the certified costs, with interest and costs of the proceedings awarded.

Orders

  • Judgment entered for the Advocate/Applicant against the client/respondent in the sum of Kshs.25,650.82 together with interest thereon as per Rule 7 of the Advocates Remuneration Rules.
  • Costs of the proceedings awarded to the Advocate/Applicant, assessed at Kshs.10,000 all inclusive.