Mwangi Keng’ara & Company Advocates v Invesco Assurance Company Limited [2017] KEHC 3975 (KLR)

Facts

The appellant filed an action for taxed costs, the respondent paid the sum in question, and the appellant sought judgment on admission against the respondent.

Issues

1. Whether the trial magistrate erred in law and fact in declining to enter judgment on admission against the respondent.
2. Whether the trial magistrate erred in law and fact in failing to find that payment of the principal sum by the respondent was an admission of the claim.
3. Whether the trial magistrate erred in law and fact in holding that the appellant was not entitled to judgment for the sum claimed in the suit.
4. Whether the trial magistrate erred in law and fact in holding that entering judgment for the sum claimed would amount to double payment.
5. Whether the trial magistrate erred in law and fact in holding that since the claim was liquidated, the appellant could only claim costs and interest.
6. Whether the trial magistrate erred in law and fact in failing to award costs and interest despite explicit prayers in the Notice of Motion.

Reasoning

The court found no error in the trial magistrate's decision.

Outcome

Appeal dismissed