Mirugi Kariuki & Co Advocates v Chege & another [2022] KEHC 13596 (KLR)

Mirugi Kariuki & Co Advocates v Chege & another (Miscellaneous Application 21 of 2018) [2022] KEHC 13596 (KLR) (6 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13596 (KLR)

Republic of Kenya

In the High Court at Nakuru

Miscellaneous Application 21 of 2018

HK Chemitei, J

October 6, 2022

Between

Mirugi Kariuki & Co Advocates

Applicant

and

James Benjamin Chege

1st Respondent

Steve Chege Njoroge

2nd Respondent

Ruling

1. The applicant’s application dated February 8, 2022 prays that the certificate of costs dated January 28, 2022 be adopted as a decree of this court and leave to execute the same be granted. The application is based on the annexed affidavit of Kahiga Waitindi sworn on the same date.

2. The certificate is based on the decree by the taxing master dated January 28, 2022 in which she awarded the applicant the sum of kshs 511,443 pursuant to a client /advocate bill of costs in case NO NAKURU HIGH COURT SUCCESSION CAUSE NO 535 OF 2006.

3. It is the applicant’s contention that the respondents have refused to settle the same hence this application.

4. The application has not been opposed by the respondents despite their presence in court on July 26, 2022.

5. In the premises the same is allowed to the extent that the certificate of costs dated January 28, 2022 is adopted as the order and or decree of this court.

DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 6THDAY OF OCTOBER 2022. H. K. CHEMITEI.JUDGE