Mwaniki Gitau & Co. Advocates v Omar [2023] KEHC 27248 (KLR)

Mwaniki Gitau & Co. Advocates v Omar (Miscellaneous Application E169 of 2021) [2023] KEHC 27248 (KLR) (14 December 2023) (Ruling)

Neutral citation: [2023] KEHC 27248 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Application E169 of 2021

DKN Magare, J

December 14, 2023

Between

Mwaniki Gitau & Co. Advocates

Applicant

and

Esna Ahmed Omar

Respondent

Ruling

1. The Applicant herein filed an Application dated 20th July 2023 substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs. 194,278. 80/= being the sum taxed and certified by the Deputy Registrar on 24th May 2023 as due to the Applicant with interest thereon.

2. Be it as may the Court has already assessed costs at a specific figure, that is Kshs. 194,278. 80/=.

3. The Application is expressed to be brought under Section 51 (1) & (2) of the Advocates Act.

4. As a fact after filing of the Notice of Motion dated 20th July 2023, there does not appear to be active participation of the Respondent.

5. The Applicant has done his part, serving the bill of costs, and other processes.

6. I am unable to resist the urge to allow the Application. The said Application dated 20th July 2023 is allowed.

Determinationa.I therefore make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 24th May 2022 for Kshs. 194,278. 80/=.b.Interest thereon is awarded effective 24th May 2023. It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 14TH DAY OF DECEMBER, 2023KIZITO MAGAREJUDGEIn the presence of:-Cynthia Ergo for the ApplicantNo appearance for the Respondent