[2013] KEHC 4102 (KLR)
The court held that since the parties agreed that the facts, law, and affidavits in this matter were similar to those in HC Misc 698 of 2011, and liability had already been established in that case, the same finding of liability applied here. The client was therefore liable to pay the certified costs of...
Source-derived case information.
- Citation
- [2013] KEHC 4102 (KLR)
- Parties
- Applicant: Singh Gitau Advocates; Respondent: City Finance Bank Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous 116 of 2010
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Judgment entered for the advocate against the client for certified costs, interest, and costs of the application.
- Judges
- A Mabeya
- Legal Topics
- Advocates Remuneration, Taxation of Costs, Client Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Singh Gitau Advocates
Applicant
City Finance Bank Limited
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the client is liable to pay the certified costs as claimed by the advocate.
- 2 Whether interest is payable on the certified costs from the specified date.
- 3 Whether the advocate is entitled to the costs of the application.
Ratio Decidendi
The court held that since the parties agreed that the facts, law, and affidavits in this matter were similar to those in HC Misc 698 of 2011, and liability had already been established in that case, the same finding of liability applied here. The client was therefore liable to pay the certified costs of Kshs.89,020.72 to the advocate. The court further held that interest at 14% per annum was payable from 20th December, 2011 until payment in full, and that the advocate was entitled to the costs of the application.
Court Disposition
Judgment entered for the advocate against the client for certified costs, interest, and costs of the application.
Orders
- Judgment entered against the client for Kshs.89,020.72 being the certified costs due.
- The client shall pay interest on the certified costs at the rate of 14% per annum from 20th December, 2011 until payment in full.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Milimani Commercial Courts)
Civil Miscellaneous 116 of 2010 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
IN THE MATTER OF THE ADVOCATES ACT
AND
IN THE ADVOCATES REMUNERATION ORDER
AND
IN THE MATTER OF THE ADVOCATES CLIENT BILL OF COSTS
SINGH GITAU ADVOCATES…………….................................................ADVOCATE
VERSUS
CITY FINANCE BANK LIMITED.................................................................CLIENT
JUDGMENT
1. This matter is related to HC MISC No. 698 of 2011, 116 of 2011 and 834 of 2011. On 22nd February, 2013, the parties agreed that since all the applications, facts relied on, the Affidavits and the law were similar in all these matters, the issue of liability be decided in HC Misc 698 of 2011 and the same do apply to the rest. In the said HC Misc No. 698 of 2011, the client was found liable and judgment was entered accordingly.
2. In this matter therefore, I will allow the Notice of Motion dated 3rd December, 2011 and enter judgment against the client for Kshs.89,020/72 being the certified costs due. The client shall also pay interest on the certified costs at the rate of 14% per annum from 20th December, 2011 till payment in full. The Advocates shall also have the costs of the application.
DATED and DELIVERED at Nairobi this 12th day of April, 2013
............................................
A. MABEYA
JUDGE
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