Kamau Kinga & Company Advocates v Grace Wanjiku Kabiaru [2018] KEHC 3477 (KLR) | Taxation Of Costs | Esheria

Kamau Kinga & Company Advocates v Grace Wanjiku Kabiaru [2018] KEHC 3477 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MISC. APPLICATION NO. 11 OF 2016

KAMAU KINGA & COMPANY ADVOCATES ........................ APPLICANT

VERSUS

GRACE WANJIKU KABIARU ................................................ RESPONDENT

RULING

1. I am invited, through the Motion dated 16th October 2017, to enter judgment in the sum of Kshs. 1, 528, 233. 00 with interest thereon from 22nd September 2016 until payment in full.

2. The application is brought at the instance of Michael Kamau Kinga, advocate. He swore an affidavit on 16th October 2017. He avers that an advocate/client bill of costs was taxed on 22nd September 2016 for Kshs. 1, 528, 233. 00. An application to the High Court to have the bill set aside was dismissed on 29th September 2017. No effort has been made to settle the matter amicably by the respondent, so he asks for judgment. He has attached to his affidavit a certificate of taxation dated 4th October 2017.

3. The matter of that application came up in open court on 8th February 2018. The respondent was represented at the court appearance and was granted 14th days to respond to the application. The matter was next in court on 24th May 2018. No reply had been filed to the application by then. Counsel appearing for the respondent pleaded for more time.

4. There is no opposition to the application dated 16th October 2017.  I shall accordingly allow it as prayed.

DATED, SIGNED and DELIVERED at NAIROBI this 5th  DAY OF October , 2018.

W. MUSYOKA

JUDGE