Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd [2023] KEHC 26360 (KLR)

Ouma Maurice Otieno Trading as O.M. Otieno & Co. Advocates v African Merchant Assurance Company Ltd (Miscellaneous Civil Application 56 of 2021) [2023] KEHC 26360 (KLR) (8 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26360 (KLR)

Republic of Kenya

In the High Court at Kisii

Miscellaneous Civil Application 56 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 Kshs 187,955. 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 187, 955. 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 2023. KIZITO MAGAREJUDGEIn the presence of:-M/s O.M. Otieno & Company Advocates for the ApplicantM/s Cheboryot & Company Advocates for the RespondentCourt Assistant - Roselyn