Andrew B. Kahakula t/a J.S Khakula & Company Advocates v Trident Insurance Co. Ltd [2023] KEHC 24021 (KLR)

Andrew B. Kahakula t/a J.S Khakula & Company Advocates v Trident Insurance Co. Ltd (Miscellaneous Civil Application E018 of 2023) [2023] KEHC 24021 (KLR) (25 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24021 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E018 of 2023

RE Aburili, J

October 25, 2023

Between

Andrew B. Kahakula t/a J.S Khakula & Company Advocates

Applicant

and

Trident Insurance Co. Ltd

Respondent

Ruling

1. The application dated 9th June 2023 seeks for Judgment to be entered in terms of the taxed costs of Kshs.225,273 and interest at 9% p.a from 28th March 2023 on the judgment sum. The applicant also seeks for costs of the application.

2. Despite service of the application upon the Respondent, there is no response filed. There is a certificate of taxation of costs dated 5th April 2023 which has not been challenged by way of a reference and neither is there evidence of a dispute over a retainer of the applicant advocate by the Client/Respondent.

3. In the premises, as the certificate of costs has not been set aside, I enter Judgment for the applicant in the sum of Kshs.225,273 in terms of the certificate of taxation dated 5th April 2023 together with interest of 9% p.a until payment in full from the date of Taxation on 28th March 2023.

4. Decree to issue forthwith.

5. Each party to bear their own costs of the application as the court must bring to an end litigation on costs.

6. Mention before the Deputy Registrar on 27th November 2023 to confirm settlement.

7. Decree to be served upon the Respondent before any action.

8. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF OCTOBER, 2023R.E. ABURILIJUDGE