B. MBAI & ASSOCIATES ADVOCATES v MBO I KAMITI FARMERS CO. LTD [2007] KEHC 2092 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

MILIMANI LAW COURTS

Misc Appli 125 of 2005

B. MBAI & ASSOCIATES ADVOCATES……….……….…………...APPLICANT

VERSUS

MBO I KAMITI FARMERS CO. LTD……………....……..……..…RESPONDENT

RULING

Before me is an application by way of Notice of Motion dated 24th July 2006 and expressed to be brought under Section 51 (2) of the Advocates Act and Rule 7 of the Advocates (Remuneration) Order and Order l Rule 1 of the Civil Procedure Rules in which the applicant seeks orders that the costs as taxed by the Deputy Registrar on 10th May 2006 as between Client/Advocate be made judgment of this court and that the costs of this application be provided for.

The application is based on the fact that the said costs have already been taxed and Certificate of Costs issued and that the Respondent is yet to pay the said sum.

The application is also supported by an affidavit sworn by Timothy K. Waweru on 24th July 2006 in which he avers that the Advocate/Client bill was taxed on 10th May 2006 at Shs.164,918/= by the Deputy Registrar and who issued a Certificate of Taxation and that the Respondent herein has not filed a reference by way of an Appeal against the said taxation and that there is no dispute as to retainer.

The Respondent was served with this application but never filed any papers to oppose the application, nor did he appear in court to oppose the same.

The application being unopposed the same is allowed in terms of Prayers (a) (b) and (c) of the Notice of Motion dated 24th July 2006.

Dated and delivered at Nairobi this 30th day of April, 2007.

J.L.A. OSIEMO

JUDGE