Joe Ngigi & Company Advocates LLP v Trident Insurance Company Limited [2025] KEHC 5528 (KLR)

Joe Ngigi & Company Advocates LLP v Trident Insurance Company Limited (Miscellaneous Civil Application E135 of 2023) [2025] KEHC 5528 (KLR) (5 May 2025) (Ruling)

Neutral citation: [2025] KEHC 5528 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E135 of 2023

A Mabeya, J

May 5, 2025

Between

Joe Ngigi & Company Advocates LLP

Applicant

and

Trident Insurance Company Limited

Respondent

Ruling

1. By a Motion on Notice dated 26/3/2025, the Advocate sought Judgment against the Client for Kshs 160,335/= under a Certificate of Costs. The Motion was brought under section 51(2) of the Advocates Act.

2. Although the application was served as evidenced in the Affidavit of service of Timothy Maxwell Oyomera of 25/4/2025, the same was not responded to. The same is unopposed but the Court has to satisfy itself that the Motion is merited.

3. I have considered the Supporting Affidavit of Joseph N. Ngigi sworn on 26/3/2025. It is clear that the Advocate acted for the respondent in KSM CMCC No E326 of 2020 – Achieng Otieno Dickson v Meshack Kitonga Muthama. A Certificate of Costs dated 19/2/2025 certified the costs at Kshs 160,335/=.

4. It is averred that the said Certificate has not been appealed against, altered or set aside. Under Section 51(2) of the Advocates Act, an Advocate is entitled to judgment on a Certificate of Costs that has not been altered, varied or set aside.

5. In this regard, the Certificate dated 19/2/2025 not having been set aside or varied, Judgment is hereby entered for the Advocate in the sum of Kshs 160,335/= together with interest thereon and Costs of Kshs 15,000/= in respect of the Motion.It is so ordered and file closed.

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