[2018] KEHC 5884 (KLR)

[2018] KEHC 5884 (KLR)

Where a certificate of costs has been issued, served, and has become final without opposition or dispute as to retainer, the court is mandated to enter judgment for the advocate/applicant for the certified sum together with interest from the date specified in the certificate until payment in full. The absence of...

Source-derived case information.

Citation
[2018] KEHC 5884 (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 85 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Costs
Outcome
Judgment entered for the applicant/advocate for the certified sum with interest and costs.
Judges
CA Otieno
Legal Topics
Advocate Remuneration, Certificate of Costs, Judgment Entry, Interest on Costs
Source Language
en
Civil Procedure Advocate Remuneration Certificate of Costs Judgment Entry Interest on Costs

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Parties

Menezes, Oloo & Chatur Advocates

Applicant

African Merchant Assurance Co. Ltd

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 based on the certificate of costs.
  2. 2 Whether there is any opposition or dispute as to retainer or amount due.
  3. 3 Whether the applicant is entitled to interest and costs of the proceedings.

Ratio Decidendi

Where a certificate of costs has been issued, served, and has become final without opposition or dispute as to retainer, the court is mandated to enter judgment for the advocate/applicant for the certified sum together with interest from the date specified in the certificate until payment in full. The absence of opposition or dispute removes any bar to judgment, and the applicant is also entitled to the costs of the proceedings as awarded by the court.

Court Disposition

Judgment entered for the applicant/advocate for the certified sum with interest and costs.

Orders

  • Judgment is entered for the applicant/advocate in the sum of Kshs.63,822.00 together with interest at 14% from 20/9/2017 until payment in full.
  • The applicant/advocate is awarded costs of these proceedings capped at Kshs.12,000 all inclusive.