Owiti, Otieno & Ragot Advocates v Ongondo [2023] KEHC 17224 (KLR)

Owiti, Otieno & Ragot Advocates v Ongondo (Miscellaneous Civil Application E166 of 2022) [2023] KEHC 17224 (KLR) (10 May 2023) (Ruling)

Neutral citation: [2023] KEHC 17224 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E166 of 2022

RE Aburili, J

May 10, 2023

Between

Owiti, Otieno & Ragot Advocates

Applicant

and

Naomi Anyango Ongondo

Respondent

(Arising from the professional legal services rendered by the Applicant/Advocate for the client in original matter Kisumu CMCC No. 509 of 2016)

Ruling

1. In this matter, the Advocate/Client costs were assessed on February 15, 2023 and a certificate of taxation issued by the Deputy Registrar on February 24, 2023. There is no Reference filed by the Respondent client challenging the certificate of costs and neither has the certificate of costs been set aside.

2. The application dated March 1, 2023 seeks for adoption of the certificate of costs by the court, entry of judgment in terms thereof and decree to issue.

3. The client was served on March 9, 2023 but no response has been filed.

4. I hereby allow the application. I enter judgment in the sum of Kshs 261,517. 50 in favour of the Advocate/Applicant against the Client/Respondent in terms of the certificate of taxation issued on February 24, 2023 and order that decree do issue for the said sums of money.

5. I further order that the taxed costs shall earn interest at the rate of 14% per annum from the date of June 29, 2022 until payment in full, as the advocate vide letter and invoice dated May 30, 2022 did send to the Client a demand for payment of the itemized bill.

6. I make no orders as to costs of this application dated March 1, 2023.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF MAY, 2023R. E. ABURILIJUDGE