Mbugua Atudo & Macharia Advocates v Kenya Alliance Insurance Co. Ltd [2024] KEHC 15243 (KLR)

Mbugua Atudo & Macharia Advocates v Kenya Alliance Insurance Co. Ltd (Miscellaneous Application E093 of 2023) [2024] KEHC 15243 (KLR) (28 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15243 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Application E093 of 2023

RE Aburili, J

November 28, 2024

Between

Mbugua Atudo & Macharia Advocates

Applicant

and

Kenya Alliance Insurance Co. Ltd

Respondent

Ruling

1. The Respondent was served with the application dated 28th May 2024 and hearing notice for today. They are absent and have not filed any response. They have also not filed any reference challenging taxation and neither is there any dispute as to retainer.

2. I enter judgment for Kshs.280,080 as taxed vide certificate of costs dated 5th April 2024 with interest at 14% p.a from 23rd November 2023, one month after taxation as the Applicant never filed evidence to warrant interest to run from 6th November 2018 as prayed.

3. Decree to issue.

4. Notice of entry of judgment and the Decree to be served upon the respondent, giving it 14 days of date of service to settle before execution process can be initiated.

5. Each party to bear their own costs of the application dated 28th May 2024.

6. Mention on 16th January 2025 before the Deputy Registrar to confirm settlement. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE