Anyumba & Associates Advocates v Otieno [2023] KEELC 17057 (KLR) | Advocate Remuneration | Esheria

Anyumba & Associates Advocates v Otieno [2023] KEELC 17057 (KLR)

Full Case Text

Anyumba & Associates Advocates v Otieno (Environment and Land Miscellaneous Application E008 of 2022) [2023] KEELC 17057 (KLR) (27 April 2023) (Ruling)

Neutral citation: [2023] KEELC 17057 (KLR)

Republic of Kenya

In the Environment and Land Court at Kisumu

Environment and Land Miscellaneous Application E008 of 2022

E Asati, J

April 27, 2023

Between

Anyumba & Associates Advocates

Applicant

and

Olwal Gabriel Otieno

Respondent

Ruling

1. This ruling is in respect of the Notice of Motion application dated 26th October 2020 which seeks for orders that judgement be entered in terms of the certificate of costs and that decree be drawn in favour of the Advocate/applicant. It also seeks for an order that costs of the application be provided for. The grounds of the application are that the applicant represented the Respondent in Kisumu ELC Appeal No. 23 of 2018 and the Respondent has not paid the fees for the same. The application is supported by the averments in the Supporting Affidavit sworn on 26/10/2020 by George O. Anyumba Advocate. The application was unopposed. Affidavit of Service on record sworn by George Anyumba Advocate on 12th July 2022 shows that the Respondent was served with the application on 24th February 2022.

2. Section 51(2) of the Advocates Act empowers the court to make an order that judgement be entered for the sum certified to be due with costs. I have read and considered the application. I have also read the court record generally. The applicant’s fees was taxed at Kenya shillings two hundred and seventy-five thousand zero two nine and seventy cents only (Kshs 275, 029. 70) and a certificate of taxation dated 28th September 2022 issued. I have read the ruling dated 28th September 2022 by the Deputy Registrar on the taxation. There being no opposition to the application, the Certificate of Costs having not been reviewed or varied, I find that the application is merited. I allow the application and hereby enter judgement in favour of the applicant on the basis of the certificate of costs dated 28th September 2022 for Kshs.275,029. 70. Costs of the application are awarded to the applicant.Orders accordingly.

RULING, DATED AND SIGNED AT KISUMU, READ VIRTUALLY THIS 27TH DAY OF APRIL 2023 THROUGH MICROSOFT TEAMS ONLINE APPLICATION.E. ASATIJUDGE.In the presence of:Maureen: Court Assistant.Parties Absent