Nduati Charagu & Company Advocates v Zacky Hinga Munyua [2005] KEHC 2647 (KLR)

IN THE HIGH COURT AT NAIROBI MISCELLANEOUS APPLICATION NO. 102 OF 2004 NDUATI CHARAGU & COMPANY ADVOCATES…… PLAINTIFF VERSUS ZACKY HINGA MUNYUA……………………………….. DEFENDANT RULING

The applicant herein Nduati Charagu & Company Advocates have moved the Court by way of a Notice of Motion dated 10th December 2004 brought under Section 51 (2) of the Advocates Act and Order 50 Rule 1 of the Civil Procedure Rules.

They are seeking orders that a judgment be entered on the taxed costs due from Zacky Hinga Munyua whom they represented in Criminal Case NO. 3541 of 2001 at Kibera Law Courts as per proceedings produced in this Court for perusal along with the Certificate of Taxation dated 19th November 2004 in which their advocates/clients Bill was taxed at Kshs.230,080/=.

From the said documents and being satisfied that the application had been duly served on the Respondent it is quite clear that the retainer herein is not disputed. The application having not been opposed and on the submissions of Counsel (applicant) I find this application meritorious.

The same is allowed and orders granted as prayed.

Dated and Delivered at Nairobi this 18th day of February, 2005

M.G. Mugo Judge

In the presence of:

Mr. Charagu present for the Applicant Ex parte application