Otieno, Ragot & Company Advocates v Winam Chemist Limited & another [2024] KEHC 3600 (KLR)

Otieno, Ragot & Company Advocates v Winam Chemist Limited & another (Miscellaneous Civil Application E121 of 2023) [2024] KEHC 3600 (KLR) (11 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3600 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E121 of 2023

RE Aburili, J

April 11, 2024

Between

Otieno, Ragot & Company Advocates

Applicant

and

Winam Chemist Limited

1st Respondent

Jeconia Kisera Awino

2nd Respondent

Ruling

1. The application dated 27th February 2024 was served upon the Respondent Client as per the affidavit of service sworn by James Otieno Okudo. There is no appearance and no reference was filed challenging the certificate of costs dated 6th December 2023.

2. I hereby enter judgment for the Applicant/Advocate in the sum of Kshs.260,075 only as per the Certificate of Costs dated 6th December 2023 plus interest at 14% p.a from 17th April 2020 until payment in full.

3. Decree to issue.

4. I further order that execution shall not issue until the Applicant has served upon the Respondent a copy of this order plus decree and certificate of costs, giving the Respondent not less than ten (10) days of the date of service, to settle the decretal sum.

5. I make no orders as to costs of the application, to avoid escalation of costs and for litigation to come to an end.

6. This Ruling and order to be typed.

7. I so order.

8. Mention before the Deputy Registrar on 23rd May 2024 to confirm settlement.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 11TH DAY OF APRIL, 2024R. E. ABURILIJUDGE