Odhiambo Owiti & Co Advocates v Equator Bottlers Limited [2021] KEELRC 421 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
MISC CIVIL CAUSE NO. 31 OF 2020
ODHIAMBO OWITI & CO ADVOCATES....ADVOCATE/APPLICANT
v
EQUATOR BOTTLERS LIMITED...................................RESPONDENT
(Arising from professional services rendered by the advocate/applicant for the
client/Respondent in Original Kisumu ELRC No. 57 of 2017)
BETWEEN
GILBERT OTIENO NYAWIRI..............................................CLAIMANT
v
EQUATOR BOTTLERS LIMITED .................................RESPONDENT
RULING
1. On 27 August 2020, the Taxing Officer taxed an advocate/client Bill of Costs by the applicant law firm in the sum of Kshs 127,535/25, and she issued a Certificate of Costs on 7 September 2020.
2. The Respondent did not settle the bill, and on 29 March 2021, the applicant filed a Motion with the Court seeking an order adopting the Certificate of Costs as a judgment of the Court.
3. The applicant also sought interest on the costs from 24 November 2019.
4. Despite service, the Respondent did not file any response to the Motion.
5. The Court gave the parties an opportunity to settle the issue of costs, but no agreement was reached.
6. The Court has considered the Motion and supporting affidavit and grants the following orders:
(a) The Certificate of Costs issued on 7 September 2020 is adopted as a judgment of the Court.
(b) The taxed costs to attract interest at court rates from 24 November 2019.
DELIVERED THROUGH MICROSOFT TEAMS, DATED AND SIGNED IN KISUMU ON THIS 24TH DAY OF NOVEMBER 2021.
RADIDO STEPHEN, MCIARB
JUDGE
Appearances
For applicant Owiti, Otieno & Ragot Advocates
For Respondent Kiragu Wathuta & Co. Advocates
Court Assistant Chrispo ura