Robinson Onyango Malombo t/a O. M. Robinson & Co. Advocates v Ephraim [2022] KEHC 14426 (KLR)

Robinson Onyango Malombo t/a O. M. Robinson & Co. Advocates v Ephraim (Miscellaneous Application E010 of 2021) [2022] KEHC 14426 (KLR) (7 October 2022) (Judgment)

Neutral citation: [2022] KEHC 14426 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Application E010 of 2021

JN Onyiego, J

October 7, 2022

Between

Robinson Onyango Malombo t/a O. M. Robinson & Co. Advocates

Applicant

and

Christine Nikaje Ephraim

Respondent

(Arising from services rendered in Mombasa, CMCC Succ Cause No.109 of 2017. in the matter of John Wellington Ephraim Dinah Mshenga (deceased) Christine Nikaje Ephraim - Petitioner)

Judgment

1. By a Notice of Motion dated August 17, 2022, the applicant herein sought orders for entry of judgment against the respondents for a sum of Ksh 195,342 being the sum awarded in advocates-client’s bill of costs vide a taxation certificate issued by the Deputy Registrar on June 15, 2022 in Misc civil application No E010/2021.

2. Despite service of the application and hearing notice upon the respondent, there was no response filed nor appearance. The application is anchored on grounds stated on the face of it and averments contained in the affidavit in support sworn on August 17, 2022 by Robinson Onyango Malombo.

3. Basically, the applicant’s law firm was instructed by the respondent to represent her in CMCC Succ. Cause No 108/2017 in the matter of Dinah Mshengah (deceased) -Christine Nikaje Ephrain- petitioner. That in the course of the said representation, their relationship ceased sometime early July, 2021.

4. Subsequently, the applicant filed an advocate -client bill of costs which was taxed at ksh 195,542. 50. That to date, there is no reference filed to challenge the ruling hence the instant application seeking entry of judgment.

5. Having considered the application herein and affidavit in support, further having considered the fact that the ruling has not been challenged before the high court by way of reference, I am persuaded to find that a successful litigant is entitled to the fruits of his judgment. See Machira T/A Machira & co advocates vs East African Limited (No.2) 2002) KLR 63.

6. Accordingly, I am inclined to enter judgment in favour of the applicant as prayed.

Dated, signed and delivered in Mombasa this 7thday of October, 2022. ....................J N ONYIEGOJUDGEMisc Application No E010 of 2021 Page 2 of 2