Odeny Maube & Co Advocates v Molyn Credit Limited [2023] KEHC 25064 (KLR)

Odeny Maube & Co Advocates v Molyn Credit Limited (Miscellaneous Application E067 of 2021) [2023] KEHC 25064 (KLR) (10 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25064 (KLR)

Republic of Kenya

In the High Court at Busia

Miscellaneous Application E067 of 2021

WM Musyoka, J

November 10, 2023

Between

Odeny Maube & Co Advocates

Applicant

and

Molyn Credit Limited

Respondent

Ruling

1. The application for determination is dated 12th April 2022, seeking conversion of the certificate of costs, issued on 25th March 2022, into a judgment and decree of the court, together with interest at court rates until payment in full.

2. The background given, on the face of the application, and in the supporting affidavit, is that an advocate-client bill of costs, dated 10th November 2021, was lodged herein for taxation. The taxation was done on 9th March 2022, and was allowed at Kshs. 165,215. 00. A certificate of taxation was subsequently issued, dated 25th March 2022.

3. The respondent filed 2 replies. The first was by an affidavit, sworn on 24th November 2022, calling for suspension of the application, awaiting determination of a reference that had been filed at the High Court.

4. The second reply was by an affidavit, sworn on 23rd October 2023, after the reference was dismissed, essentially stating that the respondent had paid part of the fees to the applicant, and that the judgment to be entered should be less the amount received.

5. The matter is fairly straightforward. The bill was taxed and a certificate of costs issued. That is not disputed. The only issue is that part of the taxed amount had already been paid. That is an issue of accounts. I can only enter judgment as per the certificate, without alterations.

6. Consequently, I hereby enter judgment as prayed, but the amount to be paid ultimately shall take into account any payments already made by the respondent, in respect of which accounts shall be taken, before the Deputy Registrar/taxing officer, before execution proceedings are taken out.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 10TH DAY OF NOVEMBER, 2023W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMs. Akinyi, instructed by Bruce Odeny & Company, Advocates for the applicant.Mr. Achero, instructed by Achero Mufuayia & Company, Advocates for the respondent.