Kihanga & Co Advocates v Xplico Insurance Company Limited [2021] KEHC 1813 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIVASHA

MISCELLANEOUS CIVIL APPLICATION NO. 70 OF 2017

KIHANGA & CO. ADVOCATES.......................................APPLICANT

-VERSUS-

XPLICO INSURANCE COMPANY LIMITED..............RESPONDENT

RULING

1.  By way of a Notice of Motion dated 14th October, 2021, the Applicant which is a practicing law firm prays that judgment be entered in favour of the Advocates (Applicant) against the client (Respondent) for the sum of Kshs 57,145/= and that the costs of the application be borne by the client.

2.  The application is brought under Section 51 (2) of theAdvocate’s ActCap 16 Laws of Kenya, Order 51 Rule 1 and 13 of the Civil Procedure Rules, Section 1A and 3A of the Civil Procedure Act and all other enabling provisions of the law.

3.  The application is supported by the grounds on the face of it and the Affidavit of Kihanga Mwangi Advocate of the Applicant’s law firm sworn on 14th October, 2021. In summary, the Respondent was a client of the Applicant in Naivasha CMCC No. 241 of 2016. A Client/Advocate Bill of Costs was taxed at Kshs 57,145/= as per the Hon. Deputy Registrar’s Ruling dated 1st July, 2021. Pursuant thereto, a Certificate of Taxation dated 23rd September, 2021 was drawn.

4.  The Respondent was served through its legal officer to come for the hearing of the application but failed to. In the circumstances, I have deemed the application herein as unopposed. Accordingly, the same is allowed with costs to the Applicant.

DATED AND DELIVERED THIS 25TH DAY OF NOVEMBER, 2021.

G. W. NGENYE-MACHARIA

JUDGE

In the presence of:

1.  N/A for the Applicant

2.  N/A for the Respondent