Achola Jaoko & Co. Advocate v Africa Merchant Assurance Company Limited [2015] KEHC 1316 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

MISCELLANEOUS CIVIL APPLICATION NO.748 OF 2014

ACHOLA JAOKO & CO. ADVOCATE……………………..…………...APPLICANT

VERSUS

AFRICA MERCHANT ASSURANCE COMPANY LIMITED…………RESPONDENT

RULING

By a Notice  of Motion dated  28th July 2015, the applicant/advocate  seeks for  judgment in sum of kshs 212,468. 70 with costs  following the  taxation of advocate/client  bill of costs vide certificate of costs dated 16th July 2015.  The application is brought under the provisions   of Section 51(2) of the Advocates Act.

The said application is not opposed albeit there is evidence of service upon the respondent/client.  There is  also no  evidence  of any reference  challenging  the taxation  done  by the taxing officer and  neither is  there a dispute  on retainer.  That being the case, I hereby allow the application dated 28th July 2015 in the following terms:-

That judgment  be and is hereby  entered  for the advocate/applicant  for kshs  212,468. 70 with interest  at 14%  from 9th July 2015  when the bill of costs was taxed until payment  in full.  A decree to issue to that effect.

I make no orders as to costs of the application.

Orders accordingly.

R.E. ABURILI

JUDGE

12/10/2015