Duke O Omwenga t/a Omwenga & Co Advocates v Monarch Insurance Co Ltd [2022] KEHC 16296 (KLR)

Duke O Omwenga t/a Omwenga & Co Advocates v Monarch Insurance Co Ltd (Miscellaneous Civil Application E084 of 2021) [2022] KEHC 16296 (KLR) (13 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16296 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E084 of 2021

RE Aburili, J

December 13, 2022

Between

Duke O Omwenga t/a Omwenga & Co. Advocates

Advocate

and

Monarch Insurance Co Ltd

Client

Ruling

1. This ruling determines the advocate/applicant’s application dated February 22, 2022 seeking for orders that the court do enter judgment for a sum of Kshs 159,401. 40 as per the certificate of taxation issued on February 21, 2022 by the Deputy Registrar together with interest of 14% p a from August 12, 2021 the date of assessment of the bill of costs and that the court do issue decree and costs of this application.

2. The application is not opposed, despite service upon the respondent as shown by an affidavit of service upon them, as filed in court by the applicant advocate.

3. I also observe that after the costs were taxed between advocate and client, the client filed a reference before this court, which reference was heard and dismissed vide the ruling of February 8, 2022 by Hon F A Ochieng J.

4. As there is no other impediment, I hereby enter judgment for the advocate/applicant in terms of the certificate of costs issued on February 21, 2022 by the Deputy Registrar, in the sum of Kshs 159,402. 40 in favour of the applicant/advocate against the respondent/client, the Monarch Insurance Co Ltd together with interest at 14% p a from August 12, 2021.

5. Decree to issue forthwith for the said sums of money plus interest accrued.

6. I order that each party shall bear their own costs of this application.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF DECEMBER 2022R. E. ABURILIJUDGE