MUTUNGA & MUINDI ADVOCATES v M/S BUSSCAR LIMITED [2006] KEHC 2382 (KLR)
- Court
- High Court of Kenya
- Case number
- 2382
- Citation
- [2006] KEHC 2382 (KLR)
- Decided
- 7 June 2006
The court grants summary judgment in favor of the plaintiff for KShs.188,775/=, with interest at 9% per annum from 8th August, 2005, until settlement in full. The plaintiff is also awarded the costs of the application.
Facts
The plaintiff, a firm of advocates, sought summary judgment against their erstwhile clients, M/S Busscar Limited, for the sum specified in a certificate of taxation. The client raised a preliminary objection, but the court ruled that the consent order in a previous case was binding.
Issues
- Binding nature of the consent order
- Claim for interest on taxed costs
Reasoning
The court dismissed the client's objection to the consent order, which was binding on the case. The court ruled that the plaintiff is entitled to interest on the taxed costs from the date the bill was presented for payment, and that the client is responsible for paying interest from 30 days after the ruling on taxation was delivered.
Outcome
In favor of the plaintiff
Orders
- Judgment in favor of the plaintiff for KShs.188,775/=
- Award of costs of the application
Remedies
- Interest on taxed costs from 8th August, 2005
- Award of costs of the application
Authorities cited
Legislation (2)
- Civil Procedure Act
- Advocates (Remuneration) Order
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