Onyango Malombo & Robinson t/a O.M Robinson & Co. Advocates v Trident Insurance Company Limited [2023] KEHC 23370 (KLR) | Taxation Of Costs | Esheria

Onyango Malombo & Robinson t/a O.M Robinson & Co. Advocates v Trident Insurance Company Limited [2023] KEHC 23370 (KLR)

Full Case Text

Onyango Malombo & Robinson t/a O.M Robinson & Co. Advocates v Trident Insurance Company Limited (Miscellaneous Civil Application E048 of 2023) [2023] KEHC 23370 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23370 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Civil Application E048 of 2023

DKN Magare, J

October 6, 2023

Between

Onyango Malombo & Robinson t/a O.M Robinson & Co. Advocates

Applicant

and

Trident Insurance Company Limited

Respondent

Ruling

1. The Applicant herein filed an Application dated July 4, 2023 substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs 139,950/= being the sum taxed and certified by the Deputy Registrar on June 27, 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 139,950/=.

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

4. A notice for the Demand of fees was issued on June 29, 2023. The 30 days required under Rule 7 of the Advocates Remuneration Rules expired on July 28, 2023. However, in spite of being served, the Respondent did not settle the amount.

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

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

7. I am unable to resist the urge to allow the Application. The said Application dated July 4, 2023 is allowed.

Determination 8. 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 April 17, 2023 for Kshs 139,950/=.b.Interest be applied from July 28, 2023. c.Cost of 25,000/=d.Stay 30 days.

It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 6TH DAY OF OCTOBER, 2023. KIZITO MAGAREJUDGEIn the presence of:-Mawoa for the RespondentMs Malombo for Mr. Malombo for the ApplicantCourt clerk- Brian