Issa & Company Advocates v Kuldip Singh & Haminder Kaur t/a Hilltop Primary & Secondary School [2021] KEELC 615 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MILIMANI, NAIROBI

ELC MISC.N0. 47OF 2020

ISSA & COMPANY ADVOCATES.....................................ADVOCATE/APPLICANT

VERSUS

KULDIP SINGH & HAMINDER KAUR T/A

HILLTOP PRIMARY & SECONDARY SCHOOL.............CLIENT/RESPONDENT

JUDGMENT

The Applicant filed a Notice of Motion dated 9th September 2021 filed under Sections 51(2) of the Advocates Act, Chapter 16 Laws of Kenya, Section 1A, 1B, 3A of the Civil Procedure Act, Chapter 21 Laws of Kenya, Order 51 Rule 1 of the Civil Procedure Rules 2010 and all other enabling Acts, Rules and Regulations. The Applicant is seeking for the following: -

1. THAT judgment be entered in favour of the Advocate/Applicant against the Client/Respondent for the sum of Kshs. 759,911. 14 as per the Certificate of Taxation issued by the Taxing Officer on 15th April 2021 together with interest at Court rates.

2. THAT the costs of this Application be borne by the Client/Respondent.

I allow the Application dated 9/09/2021 and adopt the Certificate of Taxation issued by the Taxing Officer  on 15th April 2021 as a Judgment of the Court. I hereby grant prayer 1 and 2 of the application. I order that the taxed costs of Kshs. 759,911. 14/= should attract interest at Court rates from 30th November 2021, which date is 30 days from the date of the Judgment herein until payment in full.

Accordingly, I therefore enter judgment in favour of the Applicant for Kshs. 759,911. 14/=, together with interest thereon at 14% per annum until payment in full, calculable from 30th November 2021.

The costs of the application dated 9th September 2021 are awarded to the Advocate/Applicant.

DATED,SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS30THDAY OFNOVEMBER, 2021.

MOGENI J.

JUDGE

In the presence of

Mrs. Maina for the Advocate/Applicant

N/A …….. Client/Respondent

Vincent Owuor ……..Court Assistant