[2019] KEHC 9072 (KLR)
The court found that the client was adequately and satisfactorily served with the application for judgment on the certificate of costs and did not file any response or attend court to contest the application. There being no contest as to retainer and the certificate of costs having become final, the court entered...
Source-derived case information.
- Citation
- [2019] KEHC 9072 (KLR)
- Parties
- Applicant: Taib Taib Advocates; Respondent: Jubilee Insurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause 490 of 2016
- Procedural Posture
- Miscellaneous Cause / Ruling
- Outcome
- judgment for the applicant/advocate in terms of the certificate of costs, with interest and costs of the application awarded
- Judges
- CA Otieno
- Legal Topics
- Taxation of Costs, Certificate of Costs, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Taib Taib Advocates
Applicant
Jubilee Insurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Cause / Ruling
Legal Issues
- 1 Whether the client was properly served with the application for judgment on the certificate of costs.
- 2 Whether there is any contest as to retainer or the certificate of costs.
- 3 Whether the applicant is entitled to judgment in terms of the certificate of costs and interest.
Ratio Decidendi
The court found that the client was adequately and satisfactorily served with the application for judgment on the certificate of costs and did not file any response or attend court to contest the application. There being no contest as to retainer and the certificate of costs having become final, the court entered judgment for the applicant/advocate in the sum certified in the certificate of costs, together with interest at 12% per annum from the date of the certificate until payment in full. The court also assessed the costs of the application at Kshs.7,000 to be paid by the respondent to the applicant.
Court Disposition
judgment for the applicant/advocate in terms of the certificate of costs, with interest and costs of the application awarded
Orders
- Judgment entered for the applicant/advocate in the sum of Kshs.69,966.60 as per the certificate of costs dated 14/9/2018.
- Interest at 12% per annum from the date of the certificate of costs until payment in full.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. CAUSE NO. 490 OF 2016
TAIB TAIB ADVOCATES.......................APPLICANT
VERSUS
JUBILEE INSURANCE CO. LTD.......RESPONDENT
R U L I N G
1. I am satisfied that there was adequate and satisfactory service upon the client who has not filed any response to the application nor attended court to contest the application.
2. I therefore find that there is no contest as to retainer and the certificate of costs having become final, I do enter judgment for the Applicant/Advocate in sum of Kshs.69,966. 60 in terms of the certificate of costs dated 14/9/2018 together with interests thereon at 12% p.a. from the date of the certificate of costs till payment in full.
3. I assess the costs of the application at Kshs.7,000/= to be paid to the Advocate/Applicant by the Client/Respondent.
Dated and delivered at Mombasa this 12th day of March 2019.
P.J.O. OTIENO
JUDGE