Martin Tindi & Co Advocates v Mcguiness Rukenya Babu [2019] KEHC 10736 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

MISC. CIVIL APPLICATION NO. 617 OF 2016

MARTIN TINDI & CO. ADVOCATES..............APPLICANT

VERSUS

MCGUINESS RUKENYA BABU....................RESPONDENT

R U L I N G

1.  The application is evidently unopposed.  I have seen a certificate of costs dated 22/8/2018 in the sum of Ksh.25,650. 82 which has not been challenged.

2. I also did not, while reading the file, see a contest on retainer. Accordingly, in terms of Section 51 (2) Advocate Act, I do enter-judgment for the Advocate/Applicant against the client/respondent in the sum of Kshs.25,650. 82 together with interests thereon calculated in terms of Rule 7 of the Advocate Remuneration Rules.

3. I award the costs of the proceedings to the Advocate/Applicant which are assessed at Kshs.10,000/= all inclusive.

Dated and delivered at Mombasa on this 29th day of January 2019.

P.J.O. OTIENO

JUDGE