EVANS THIGA GATURU v APEX SECURITY LTD [2011] KEHC 889 (KLR)
- Court
- High Court of Kenya
- Case number
- 889
- Citation
- [2011] KEHC 889 (KLR)
- Decided
- 4 February 2011
The court granted the application, ordering the Respondent to pay the sum of Kshs 376,833/- to the Applicant, together with interest at 14% per annum from 11th April, 2010, until payment in full, and the costs of the application.
Facts
The Applicant, Advocate Evans Thiga Gaturu, applied for orders that judgment be entered in his favor against the Respondent, Apex Security Ltd, for the sum of Kshs 376,833/- together with interest and costs. The Applicant claimed he was entitled to interest at 14% per annum from 11th April, 2010, until payment in full, based on the issuance of a Certificate of Taxation and the Respondent's failure to pay the fees.
Issues
- Advocate's entitlement to interest on fees
- Respondent's obligation to pay fees and interest
Reasoning
The court found that the Respondent had been notified of the Certificate of Taxation and had not paid the fees, thus the Advocate was entitled to interest and the court ordered payment.
Outcome
In favor of the Applicant
Orders
- Judgment in favor of the Applicant for the sum of Kshs 376,833/-
- Interest at 14% per annum from 11th April, 2010, until payment in full
- Costs of the application
Remedies
- Payment of Kshs 376,833/-
- Interest on Kshs 376,833/-
Authorities cited
Legislation (3)
- Advocates Act
- Advocates (Remuneration) Rules
- Civil Procedure Act
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