[2019] KEHC 8504 (KLR)
The court found that the application for judgment on the certificate of costs was unopposed, and there was no contest as to the retainer. The respondent's advocate had not properly come on record and thus had no right of audience or to seek an adjournment. As the certificate of costs had become final and there was...
Source-derived case information.
- Citation
- [2019] KEHC 8504 (KLR)
- Parties
- Applicant: M.S. Shariff & Company Advocates; Respondent: Omari Mbwana Zonga
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 44 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
- Outcome
- application allowed; judgment entered for applicant
- Judges
- CA Otieno
- Legal Topics
- Advocate Client Costs, Certificate of Costs, Judgment in Default
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M.S. Shariff & Company Advocates
Applicant
Omari Mbwana Zonga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment on the certificate of costs where there is no opposition from the respondent.
- 2 Whether the respondent's advocate is properly on record and entitled to audience.
Ratio Decidendi
The court found that the application for judgment on the certificate of costs was unopposed, and there was no contest as to the retainer. The respondent's advocate had not properly come on record and thus had no right of audience or to seek an adjournment. As the certificate of costs had become final and there was no opposition, the court allowed the application and entered judgment for the applicant for the certified sum plus interest.
Court Disposition
application allowed; judgment entered for applicant
Orders
- Judgment entered for the Advocate/Applicant in the sum of Kshs.593,187.30 plus interest at 14% per annum from the date of the certificate of costs until payment in full.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. APPLICATION NO. 44 OF 2014
M.S. SHARIFF & COMPANY ADVOCATES....................APPLICANT
VERSUS
OMARI MBWANA ZONGA............................................RESPONDENT
R U L I N G
1. The application due for hearing today was served upon the Respondent on the 8/11/2016. On 16/12/2016 Mr. Asige’s firm came on record by filling a Notice of appointment but that notice was never served hence it has not taken effect and therefore Mr. Asige is not on record and has no right of audience leave alone the right to seek and obtain an adjournment.
2. The application even though served then has never elicited any response and is thus unopposed.
3. Having considered it on the basis of the court record, I do consider it merited as there is no contest as to retainer and the certificate of costs has become final.
4. I thus allow the application dated 12/10/2016 and enter judgment for the Advocate/Applicant in the sum of Kshs.593,187. 30 plus interest thereon at 14% p.a. from the date of the certificate of costs till payment in full.
Dated and delivered at Mombasa this 2nd day of April 2019.
P.J.O. OTIENO
JUDGE