Otieno, Ragot & Co. Advocates v Municipal Council of Kisumu [2024] KEHC 4039 (KLR)

Otieno, Ragot & Co. Advocates v Municipal Council of Kisumu (Miscellaneous Civil Application E191 of 2022) [2024] KEHC 4039 (KLR) (25 April 2024) (Ruling)

Neutral citation: [2024] KEHC 4039 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E191 of 2022

RE Aburili, J

April 25, 2024

Between

Otieno, Ragot & Co. Advocates

Applicant

and

Municipal Council of Kisumu

Respondent

(Arising from the professional legal services rendered by the Applicant/Advocate for the client in original matter Winam PMCC No. 203 of 2012)

Ruling

1. The application dated 24th July 2023 seeks for adoption of the certificate of costs as judgment of the court and decree to issue.

2. Despite being served with the application, the Respondent has never filed any response.

3. There is no reference filed challenging the certificate of costs and neither is there any dispute as to retainer filed.

4. Accordingly, I hereby allow the application dated 24th July 2023.

5. I enter judgment for the Applicant/Advocate in the sum of Kshs.58,040 plus interest at 14% p.a from 2nd September 2022 as the client was served on 2nd August 2022, pursuant to Rule 7 of the Advocates Remuneration Order.

6. Decree to issue forthwith.

7. For avoidance of doubt, the taxed costs are in respect of Advocate/Client fees for service rendered in Winam PMCC No. 203 OF 2012 Sujjatta Enterprises Ltd & 9 Others vs Kisumu Municipal Council.

8. I make no orders as to cost of the application.

9. I so order.

10. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF APRIL, 2024R. E. ABURILIJUDGE