Onyango Malombo & Robinson t/a O.M Robinson & Co. Advocates v Trident Insurance Company Limited [2023] KEHC 23488 (KLR) | Taxation Of Costs | Esheria

Onyango Malombo & Robinson t/a O.M Robinson & Co. Advocates v Trident Insurance Company Limited [2023] KEHC 23488 (KLR)

Full Case Text

Onyango Malombo & Robinson t/a O.M Robinson & Co. Advocates v Trident Insurance Company Limited (Miscellaneous Civil Application E059 of 2023) [2023] KEHC 23488 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23488 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Civil Application E059 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 117,360/= 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 assessed costs at a specific figure, that is, Kshs 117,360 /= on May 25, 2023.

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 in the following terms.

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 March 9, 2023 for Kshs 117,360/=b.Cost of 25,000/= payable within 30 daysc.Interest on the said amount, to apply from July 28, 2023. 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