[2019] KEHC 3427 (KLR)
The court found that since the Notice of Motion was unopposed and there was no contest as to the retainer, judgment should be entered for the Advocate/Applicant in terms of the Certificate of Costs. The absence of opposition meant there was no dispute to be resolved, and the statutory requirements for entry of...
Source-derived case information.
- Citation
- [2019] KEHC 3427 (KLR)
- Parties
- Applicant: Sherman Nyongesa & Mutubia Advocates; Respondent: Pacis Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 40 of 2017
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for the applicant
- Judges
- CA Otieno
- Legal Topics
- Advocate Remuneration, Certificate of Costs, Uncontested Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sherman Nyongesa & Mutubia Advocates
Applicant
Pacis Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant is entitled to judgment in terms of the Certificate of Costs where there is no opposition from the respondent.
Ratio Decidendi
The court found that since the Notice of Motion was unopposed and there was no contest as to the retainer, judgment should be entered for the Advocate/Applicant in terms of the Certificate of Costs. The absence of opposition meant there was no dispute to be resolved, and the statutory requirements for entry of judgment on a Certificate of Costs had been satisfied.
Court Disposition
judgment for the applicant
Orders
- Judgment is entered for the Advocate/Applicant in terms of the Certificate of Costs dated 8/2/2019 in the sum of Kshs.142,053.32.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. APPLICATION NO. 40 OF 2017
SHERMAN NYONGESA & MUTUBIA ADVOCATES......APPLICANT
VERSUS
PACIS INSURANCE COMPANY LIMITED...................RESPONDENT
J U D G M E N T
1. I have perused the Notice of Motion dated 20/6/2019, the Affidavit of service filed and noted that the same is not opposed.
2. There being no opposition and thus no contest as to retainer, I do enter judgment for the Advocate/Applicant in terms of the Certificate of Costs dated 8/2/2019 in the sum of Kshs.142,053. 32
Dated and delivered at Mombasa on this 14thday of October 2019.
P.J.O. OTIENO
JUDGE