Otieno t/a OM Otieno & Co Advocates v African Merchant Assurance Co Ltd [2024] KEHC 10794 (KLR)

Otieno t/a OM Otieno & Co Advocates v African Merchant Assurance Co Ltd (Miscellaneous Application E061 of 2022) [2024] KEHC 10794 (KLR) (18 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10794 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Application E061 of 2022

MS Shariff, J

September 18, 2024

Between

Ouma Maurice Otieno t/a OM Otieno & Co Advocates

Applicant

and

African Merchant Assurance Co Ltd

Respondent

Ruling

1. I have considered the notice of motion dated 20. 3.2024, the affidavit in support thereof sworn by Ouma Maurice Otieno and the enclosures thereon and I have also considered the oral submissions of parties’ Counsels noting the concession made by the Respondent and I thus allow the same and make the following orders:-1. The certificate of costs dated 13. 10. 2022 for the sum of Kshs.156,134 is hereby adopted as a judgment of this court.2. The same shall attract interest at the rate of 14% from 28. 2.2023 until payment in full.3. No orders are made on costs.4. The above ruling to apply mutatis mutandis to Kisumu Misc. App. Nos E059/2022 to E073 of 2022. 5.Orders of stay of execution are granted for a period of 30 days in all the above matters and in this matter.6. Files marked as closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE