Onyoni Opini & Co Advocates v Invesco Assurance Co Ltd [2024] KEHC 4497 (KLR)

Onyoni Opini & Co Advocates v Invesco Assurance Co Ltd (Miscellaneous Application E894 of 2021) [2024] KEHC 4497 (KLR) (Commercial and Tax) (15 March 2024) (Ruling)

Neutral citation: [2024] KEHC 4497 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts)

Commercial and Tax

Miscellaneous Application E894 of 2021

NW Sifuna, J

March 15, 2024

Between

Onyoni Opini & Co Advocates

Applicant

and

Invesco Assurance Co Ltd

Respondent

Ruling

1. The Applicant has under Section 51 (2) of the Advocates Act (Cap 16 Laws of Kenya) filed an Application for entry of judgment against the Respondent for the sum of Ksh 190,248=. Being taxed Advocate-Client costs as per the Certificate of Taxation issued in Nairobi High Court Commercial Misc Civil Application No. E1278 of 2020. The Applicant’s Application herein is the Notice of Motion dated 6th December 2021.

2. The subject Certificate of Taxation is the one that was issued by Hon Claire Wanyama (Deputy Registrar). Since the said Certificate of Costs is valid and has not been set aside, I hereby enter judgment for the Applicant against the Respondent for the said sum of Ksh 190,248= (One Hundred Ninety Thousand Two Hundred and Forty Eight Only). A decree shall issue for that sum.

3. Interest is hereby awarded on the said sum at the rate of 14% per annum, from 3rd February 2021 until payment in full. This interest is awarded as per paragraph 7 of the Advocates Remuneration Order.

4. The Applicant shall also have the costs of this Application, which I hereby assess at Ksh 10,000=.

DATED AND DELIVERED AT NAIROBI THIS 15TH DAY OF MARCH 2024. PROF (DR) NIXON SIFUNAJUDGE