Omaya & Co. Advcoates v Mumias Sugar Company Limited [2018] KEHC 4847 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

MISCELLANEOUS CIVIL APPLICATION NO. 477 OF 2016

OMAYA & CO. ADVCOATES..................................APPLICANTS

VERSUS

MUMIAS SUGAR COMPANY LIMITED.............RESPONDENT

R U L I N G

1. The applicant has filed a notice of motion dated 13th March , 2018 seeking for orders that :-

i. That judgment be  entered for the applicant against therespondent for the taxed costs of Kshs. 357,952. 80.

ii. Interest be levied on the judgment sum at the rate of 14% from21/07/2016 to the   date of full payment.

iii. That costs of this cause and of the entire miscellaneous application beprovided   for.

2. The application is premised on the grounds on the face thereof and  supported by the affidavit of one Alex Otieno Omaya where he depones that:

1. The costs payable by the respondent to the applicant havebeen taxed   and ascertained by the Deputy Registrar of thisCourt to be Kshs.  357,952. 80 as per the  annexed copy ofcertificate   of  costs.

2. That the applicant had prior to filing its bill of costs given therespondent the opportunity to pay his bill and allowed  morethan 30 days to pay but the respondent did not make use of thatwindow of opportunity correspondence to indicate so wereannexed to the application).

3. That since there is no denial of retainer, there is nothing left fordetermination between the parties.

4. That because the sum claimed ought to have been paid earlieron, the applicant  prays for  interest from 21/07/2016 which issome 30 days from the date the block bill of costs was deliveredto the respondent for payment.

3. The application was served on the advocates for the respondent, S.M. Onyango & Associates Advocates, but the respondent did not file a response.  A return of service sworn by the said Alex Otieno Omaya to that effect was annexed to the application.

4. The application dated 13th march, 2018 has in the premises been served on the respondent who did not file any papers to oppose the application. The application thereby stands unopposed. The court  has no reason to decline the application. In the circumstances, the application is allowed as prayed with costs to the applicant.

Delivered, Dated and signed in open court at Kakamega this 20th day of June,2018

J. NJAGI

JUDGE

In the presence of

Matete holding brief for Omayo........for  Applicant/Objector

N/A...............................................for  Petitioner/Respondent

George..............................................................Court Assistant.