Kasamani & Associates Advocates v Piemo [2024] KEHC 546 (KLR)

Kasamani & Associates Advocates v Piemo (Miscellaneous Civil Application E185 of 2023) [2024] KEHC 546 (KLR) (29 January 2024) (Ruling)

Neutral citation: [2024] KEHC 546 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E185 of 2023

RE Aburili, J

January 29, 2024

IN THE MATTER OF ADVOCATES CAP 16 AND IN THE MATTER OF TAXATION OF ADVOCATES CLIENT BILL OF COSTS IN THE KISUMU HC MISC. NO. E164 OF 2022

Between

Kasamani & Associates Advocates

Advocate

and

Joshua Ouko Piemo

Client

Ruling

1. I have considered the application dated October 2, 2023. I observe that there are two files in one. The other is due for mention before Deputy Registrar on January 30, 2024. That is erroneous because no two dates should be given on one file.

2. Accordingly, the duplicate file for January 30, 2024 is hereby closed.

3. On the file herein, the Applicant was not served. However, the application seeks for entry of judgment on the certificate of costs dated May 4, 2023 for Kshs.205,812 in favour of the Applicant.

4. As there is no Reference filed or issued of retainer pending, I hereby allow the application dated October 2, 2023 and enter judgment for the Applicant herein in favour of the Respondent in accordance with the certificate of costs dated May 4, 2023.

5. Decree to issue for Kshs.205,812 together with interest at 14% p.a from May 4, 2023 until payment in full.

6. I make no orders as to costs.

7. File to be mentioned before the Deputy Registrar on February 28, 2024 to confirm settlement.

8. Ruling to be typed and applicant’s counsel to be notified.

9. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 29TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE