[2018] KEHC 5936 (KLR)

[2018] KEHC 5936 (KLR)

The court found that there was no opposition to the application and no dispute as to retainer. The certificate of costs had become final, entitling the advocate to judgment for the certified amount. The court further held that interest at 14% per annum was payable from the date of the certificate until payment in...

Source-derived case information.

Citation
[2018] KEHC 5936 (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 88 of 2017
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Judgment entered for the applicant for the certified costs, interest, and costs of the proceedings.
Judges
CA Otieno
Legal Topics
Advocate Remuneration, Certificate of Costs, Judgment Entry
Source Language
en
Civil Procedure Advocate Remuneration Certificate of Costs Judgment Entry

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Parties

Menezes, Oloo & Chatur Advocates

Applicant

African Merchant Assurance Co. Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the advocate is entitled to judgment on the certificate of costs as there is no dispute as to retainer.
  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 and no dispute as to retainer. The certificate of costs had become final, entitling the advocate to judgment for the certified amount. The court further held that interest at 14% per annum was payable from the date of the certificate until payment in full. The applicant was also awarded the costs of the proceedings, as is customary when judgment is entered in favour of an applicant in uncontested applications for certified costs.

Court Disposition

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

Orders

  • Judgment is entered for the Advocate/Applicant in the sum of Kshs.93,124 with interest at 14% per annum from 18.9.2017 until payment in full.
  • Costs of the proceedings assessed at Kshs.12,000 are awarded to the Advocate/Applicant.