Otieno trading as O.M. Otieno & Co Advocates v African Merchant Assurance Company Ltd [2023] KEHC 26611 (KLR)

Otieno trading as O.M. Otieno & Co Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 61 of 2021) [2023] KEHC 26611 (KLR) (8 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26611 (KLR)

Republic of Kenya

In the High Court at Kisii

Miscellaneous Civil Application 61 of 2021

DKN Magare, J

December 8, 2023

Between

Ouma Maurice Otieno trading as O.M. Otieno & Co Advocates

Advocate

and

African Merchant Assurance Company Ltd

Client

Ruling

1. The Applicant herein filed an Application dated 6/6/2023 substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Ksh.143,045. 00 being the sum taxed and certified by the Deputy Registrar on 7/2/2022 as due to the Applicant with interest thereon.

2. The Application is expressed to be brought under section 51 (1) &(2) of the Advocates Act and rule 7 of the Advocates Remuneration Order.

3. After filing of the Notice of Motion dated 6/6/2023, there does not appear to be active participation of the Respondent.

4. The Applicant has done his part, serving the bill of costs, and other processes.

5. I am unable to resist the urge to allow the Application. The said Application dated 6/6/2023 is allowed.

Determination 6. 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 16/11/2022 for Kshs. 143, 045. 00/=.b.Interest thereon effective 16/12/2022 being 30 days after certification of the taxation.c.The file is closed.

DATED, SIGNED AND DELIVERED VIRTUALLY AT KISII ON THIS 8TH DAY OF DECEMBER 2023KIZITO MAGAREJUDGEIn the presence of:-M/s O.M. Otieno & Company Advocates for the ApplicantM/s Cheboryot & Company Advocates for the RespondentCourt Assistant - Roselyn