[2019] KEHC 8328 (KLR)
The court held that since certificates of taxation had been issued and not challenged, and there was no dispute as to retainer, the advocate/applicant was entitled to judgment for the aggregate sum certified. The court further found that interest at court rates should accrue from the date of judgment until payment...
Source-derived case information.
- Citation
- [2019] KEHC 8328 (KLR)
- Parties
- Applicant: Mburu Kariuki & Co. Advocates; Respondent: Invesco Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 108 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- judgment entered for the applicant for the taxed sum with interest and costs assessed.
- Judges
- CA Otieno
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Judgment Entry, Interest Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mburu Kariuki & Co. Advocates
Applicant
Invesco Assurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether judgment should be entered for the advocate/applicant based on certificates of taxation that have not been challenged.
- 2 Whether there is any dispute as to retainer between the parties.
- 3 Whether the applicant is entitled to interest and costs of the proceedings.
Ratio Decidendi
The court held that since certificates of taxation had been issued and not challenged, and there was no dispute as to retainer, the advocate/applicant was entitled to judgment for the aggregate sum certified. The court further found that interest at court rates should accrue from the date of judgment until payment in full. The court also awarded the applicant the costs of the proceedings, assessed at Kshs.10,000, considering the need for affordable litigation costs and the finality of the taxation process in this matter.
Court Disposition
judgment entered for the applicant for the taxed sum with interest and costs assessed.
Orders
- Judgment entered for the Advocate/Applicant in the sum of Kshs.6,101,041.00 with interest at court rates from the date of judgment until payment in full.
- The order to be extracted and placed in each of the 71 consolidated files.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. APPLICATION NO. 108 OF 2019
MBURU KARIUKI & CO. ADVOCATES...................................................APPLICANT
VERSUS
INVESCO ASSURANCE CO. LTD...........................................................RESPONDENT
R U L I N G
1. For purposes of efficient use of judicial time, the 70 files identified and enumerated at Prayer 1 of the Notice of Motion are consolidated with this file.
2. There being certificates of taxation duly issued against which no challenge has been made and thus have become final, and in the absence of a dispute as to retainer, I do enter judgment for the Advocate/Applicant in the aggregate sum of Kshs.6,101,041. 00 with interest thereon at court rates from the date today till payment in full.
3. Let this order be extracted and placed in each of the files and all the 71 files be put together to avoid any confusion.
4. This being a matter involving an advocate/client bill of costs in which no further taxation may be undertaken and taking into account the need to achieve affordable costs of litigation, I award to the Advocate/Applicant the costs of these proceeding which I assess in the sum of Kshs.10,000. 00 all inclusive.
Dated and delivered at Mombasa this 25th day of March 2019.
P.J.O. OTIENO
JUDGE