Muri Mwaniki & Wamiti Advocates v John Ngigi Nganga & another [2014] KEHC 2176 (KLR)
- Court
- High Court of Kenya
- Case number
- 2176
- Citation
- [2014] KEHC 2176 (KLR)
- Decided
- 29 October 2014
The court enters judgment for the applicant in the sum of Kshs. 127,320/- and orders interest to be charged on the sum of Kshs. 127,320 from expiration of one month from delivery of his bill to the client.
Facts
The applicant, Muri Mwaniki & Wamiti Advocates, applied for judgment for the sum of Kshs. 127,302/- in costs as certified by the Deputy Registrar. The respondent, John Ngigi Nganga & Ruth Muthoni Ngigi, was the client of the applicant.
Issues
- Whether the court should enter judgment in terms of the certificate of costs
- Whether the advocate is entitled to interest on his bill of costs
- Whether the advocate is entitled to costs on his bill of costs
Reasoning
The court follows the Advocates Act and case law to determine that interest is chargeable from the expiration of one month from delivery of the bill of costs by the advocate to the client but before the amount of the bill has been paid or tendered in full.
Outcome
Judgment for the applicant in the sum of Kshs. 127,320/- with interest and costs on the application.
Orders
- Interest to be charged on the sum of Kshs. 127,320 from expiration of one month from delivery of his bill to the client.
- Costs necessary to the application herein are ordered.
Authorities cited
Legislation (2)
- Advocates Act, Cap 16 of the Laws of Kenya
- Civil Procedure Rules
Cases cited (3)
- KAGWIMA KANG’ETHE & CO ADVOCATES v PENELOPE COMBOS & ANOTHER
- London Scottish Benefit Society v Chorley and others (1881-85) All ER Rep 1111
- Halsbury’s Laws of England
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