[2018] KEHC 5775 (KLR)

[2018] KEHC 5775 (KLR)

The court found that there was no opposition to the application, the certificate of costs had become final, and there was no dispute as to retainer. Accordingly, judgment was entered for the applicant advocate against the respondent client for the certified sum, together with interest at 14% per annum from 1/6/2017...

Source-derived case information.

Citation
[2018] KEHC 5775 (KLR)
Parties
Applicant: Menezes, Oloo & Chatur Advocates; Respondent: African Merchant Assurance Co. Ltd
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 119 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
Outcome
Judgment entered for the applicant advocate against the respondent client for the certified costs, interest, and capped costs of the proceedings.
Judges
CA Otieno
Legal Topics
Advocate Client Costs, Certificate of Costs, Interest on Costs
Source Language
en
Civil Procedure Commercial and Corporate Advocate Client Costs Certificate of Costs Interest on Costs

Source-derived case record

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Parties

Menezes, Oloo & Chatur Advocates

Applicant

African Merchant Assurance Co. Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether judgment should be entered for the applicant advocate against the respondent client based on a final certificate of costs.
  2. 2 Whether interest is payable on the certified costs and from what date.
  3. 3 Whether the applicant is entitled to costs of the proceedings.

Ratio Decidendi

The court found that there was no opposition to the application, the certificate of costs had become final, and there was no dispute as to retainer. Accordingly, judgment was entered for the applicant advocate against the respondent client for the certified sum, together with interest at 14% per annum from 1/6/2017 until payment in full, pursuant to Rule 7 of the Advocate Remuneration Rules. The court also awarded the applicant the costs of the proceedings, capped at Kshs.12,000 all inclusive.

Court Disposition

Judgment entered for the applicant advocate against the respondent client for the certified costs, interest, and capped costs of the proceedings.

Orders

  • Judgment is entered for the applicant/advocate against the respondent/client in the sum of Kshs.308,595.54 together with interest at 14% per annum from 1/6/2017 until payment in full.
  • The applicant/advocate is awarded the costs of these proceedings capped at Kshs.12,000 all inclusive.