Mereka & Co. Advocates v Invesco Assurance Co. Ltd [2018] KEHC 5200 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL DIVISION

HIGH COURT CIVIL  MISC. APPL. NO.  115 OF 2016

MEREKA & CO. ADVOCATES............................................APPLICANT

VERSUS

INVESCO ASSURANCE CO. LTD.....................................RESPONDENT

RULING

1.  The application dated 17th April, 2018 seeks the following orders:

(1) That the Honourable court be pleased to enter judgment for the amount of Ksh.25,510/= in terms of the Certificate of taxation dated 12th February, 2018 together with interests at 14% from the said date.

(2) That pursuant to the judgment, a decree be issued for enforcement/execution.

(3) That costs of this application be in the cause.

2.  It is stated in the grounds and the affidavit in support of the application that the Applicant’s Bill of costs dated 3rd December, 2015 was taxed on 16th January, 2018  at an all inclusive a sum of Ksh. 25,510/= in favour of the Applicant.  That the issue of retainer is not contested and the application herein should be allowed.

3.  The application is opposed.  It is stated in the replying affidavit that the certificate of taxation was not served on the Respondent.  It is further stated that the application is bad in law as the Applicant ought to have filed an enforcement suit.

4. I have considered the application, the reply to the same and the submissions made by the counsels for the respective parties.

5. The retainer is not denied. If the certificate of taxation had not previously been served, the same forms part of the annextures herein and no step has yet been taken in respect of the same.

6. Under Section 51 (2) of the Advocates Act, the Applicant had the liberty to file the application at hand as opposed to filing suit.

7. The application is allowed as prayed.

Date, signed and delivered at Nairobi this 5th day of July, 2018

B. THURANIRA JADEN

JUDGE