LG Menezes & Company Advocates v Xplico Insurance Company Limited [2020] eKLR Case Summary

Court
High Court of Kenya at Siaya
Category
Civil
Judge(s)
R.E. Aburili
Judgment Date
October 14, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of LG Menezes & Company Advocates v Xplico Insurance Company Limited [2020] eKLR, focusing on key legal findings and implications. Ideal for legal professionals and students.

Case Brief: LG Menezes & Company Advocates v Xplico Insurance Company Limited [2020] eKLR

1. Case Information:
- Name of the Case: L.G. Menezes & Company Advocates v. Xplico Insurance Company Limited
- Case Number: Misc. Civil Case No. 25 of 2019
- Court: High Court of Kenya at Siaya
- Date Delivered: October 14, 2020
- Category of Law: Civil
- Judge(s): R.E. Aburili
- Country: Kenya

2. Questions Presented:
The central legal issue in this case revolves around the enforcement of a certificate of costs under Section 51(2) of the Advocates Act, specifically whether the applicant can obtain judgment for the costs awarded without opposition from the respondent.

3. Facts of the Case:
The applicant, L.G. Menezes & Company Advocates, filed an application for judgment against the respondent, Xplico Insurance Company Limited, based on a certificate of costs dated February 18, 2020. The application was brought under Section 51(2) of the Advocates Act, which allows advocates to seek recovery of costs awarded in their favor. The respondent was duly served with notice for the hearing but failed to appear or file any objections.

4. Procedural History:
The case progressed through the High Court, where the applicant submitted an application dated July 6, 2020, seeking to enforce the certificate of costs. As the respondent did not contest the application or appear at the hearing, the court considered the application unopposed. The judge ultimately ruled in favor of the applicant.

5. Analysis:
- Rules: The relevant statute in this case is Section 51(2) of the Advocates Act, which governs the awarding of costs to advocates and provides a mechanism for enforcing such awards through the court.
- Case Law: The court did not cite any specific case law in the ruling, as the matter was straightforward given the absence of opposition from the respondent. However, the principles underlying the Advocates Act and previous rulings on similar applications likely informed the judge's decision.
- Application: The court applied the rules by recognizing the certificate of costs as valid and enforceable due to the lack of a challenge from the respondent. The judge reasoned that since there was no appearance or objection filed by the respondent, the applicant was entitled to the judgment as per the certificate of costs, which amounted to Kshs. 209,469.10 plus interest.

6. Conclusion:
The court ruled in favor of the applicant, L.G. Menezes & Company Advocates, granting judgment against Xplico Insurance Company Limited for the amount specified in the certificate of costs, along with interest. The decision underscores the enforceability of costs awarded to advocates when unchallenged by clients.

7. Dissent:
There were no dissenting opinions in this case, as the ruling was made without opposition from the respondent.

8. Summary:
The High Court of Kenya at Siaya ruled in favor of L.G. Menezes & Company Advocates, granting them judgment against Xplico Insurance Company Limited for Kshs. 209,469.10 plus interest. The case highlights the importance of timely responses in legal proceedings and the enforceability of costs awarded to advocates under the Advocates Act when not contested.

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