Joe Ngigi & Co Advocates LLP v Trident Insurance Co Limited [2025] KEHC 5486 (KLR)

Joe Ngigi & Co Advocates LLP v Trident Insurance Co Limited (Miscellaneous Civil Application E136 of 2023) [2025] KEHC 5486 (KLR) (5 May 2025) (Ruling)

Neutral citation: [2025] KEHC 5486 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E136 of 2023

A Mabeya, J

May 5, 2025

Between

Joe Ngigi & Co Advocates LLP

Applicant

and

Trident Insurance Co Limited

Respondent

Ruling

1. This is a ruling on the Motion dated 26/3/2025 by the Advocate. It is brought under Section 51(2) of the Advocates Act. It seeks Judgment to be entered for Kshs.131,814/=.

2. Although the respondent was served as shown by the Affidavit of Service of Timothy Maxwell Oyomera sworn on 25/4/2025 that is on record, there was no response thereto. The Motion therefore not opposed.

3. Be that as it may, the Court must satisfy itself that the Motion has merit. I have considered the Supporting Affidavit of Joseph N. Ngigi. There is evidence that the amount sought is in respect of legal fees for acting in KSM CMCC No. E336 of 2021 – Salim Ochieng Omolo vs Arthur Brian Evusa. There is a Certificate of Taxation dated 19/2/2025.

4. The said Certificate is said not to have been altered, varied or set aside. Accordingly, the claim is justified.

5. In this regard, Judgment be and is hereby entered for the applicant for Kshs.131,814/= together with interest at Court rate with Costs of Kshs.15,000/= for the Motion.It is so ordered and file closed.

DATED AND DELIVERED AT KISUMU THIS 5TH DAY OF MAY, 2025. A. MABEYA, FCI ArbJUDGE