Chirchir t/a Cherono Chirchir & Company Advocates v Africa Merchant Assurance Company Limited [2025] KEHC 3785 (KLR)

Chirchir t/a Cherono Chirchir & Company Advocates v Africa Merchant Assurance Company Limited (Civil Miscellaneous Application E194 of 2022) [2025] KEHC 3785 (KLR) (24 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3785 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Miscellaneous Application E194 of 2022

DO Chepkwony, J

March 24, 2025

IN THE MATTER OF THE ADVOCATES ACT

AND

IN THE MATTER OF THE ADVOCATES-CLIENT BILL OF COSTS

Between

Sophie Chirchir t/a Cherono Chirchir & Company Advocates

Applicant

and

Africa Merchant Assurance Company Limited

Respondent

Ruling

1. The matter is scheduled for hearing of the Notice of Motion application dated 3rd October, 2024 in which the Applicant is seeking for orders:-a.That Judgment be entered for the Applicant against the Respondent for the sum of Kenya Shillings One Hundred and Twenty Eight Thousand Four Hundred and Fourty Three (Kshs.128,443. 00) together with interest at the rate of 14% per annum from 19th August, 2024 until payment in full.b.That costs of this application be provided for.

2. The application is based on the grounds set out on its face and Supporting Affidavit sworn by Sophie Chirchir on 3rd October, 2024. The gist of it being that the Certificate of Taxation was issued on 19th August, 2024 and the same has neither been altered, varied or set aside since or has it been disputed.

3. Counsel for the Respondent confirm that they have no objection to the application save for costs since they have conceded to the same.

4. There being no objection by the Respondent, the Notice of Motion application dated 3rd October, 2024 is hereby allowed in the following terms:-a.Judgment be and is hereby entered for the Applicant against the Respondent for the sum Kenya Shillings One Hundred and Twenty Eight Thousand Four Hundred and Fourty Three (Kshs.128,443. 00) together with interest at the rate of 14% per annum from 19th August, 2024 until payment in full.b.There shall be no orders for costs.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OF MARCH, 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Muugo counsel for ApplicantMr. Masai holding brief for Mr. Kipkorir counsel for RespondentCourt Assistant - Martin