Robinson Onyango Malombo t/a OM Robinson & Co Advocates v Ephraim [2022] KEHC 14579 (KLR)

Robinson Onyango Malombo t/a OM Robinson & Co Advocates v Ephraim (Miscellaneous Application E011 of 2021) [2022] KEHC 14579 (KLR) (7 October 2022) (Judgment)

Neutral citation: [2022] KEHC 14579 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Application E011 of 2021

JN Onyiego, J

October 7, 2022

Between

Robinson Onyango Malombo t/a OM 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. The applicant’s law firm was instructed by the respondent to represent her in CMCC Succession Cause No 109 of 2017 in the matter of John Wellington Ephraim Dinah Mshenga (deceased)-Christine Nikaje Ephraim - petitioner.

2. When their relationship ceased, the applicant’s law firm filed an advocate’s - client’s bill of costs vide Misc Civil Application No E011 of 2021 wherein the Deputy Registrar taxed the bill of costs at ksh 195,542. 50 on June 15, 2022.

3. Despite service of the application herein and even the hearing notice, the applicant did not file any response nor appear for hearing. It is worth noting that no reference challenging the taxing master’s ruling has been preferred. In the absence of any response, the application herein remains uncontroverted.

4. It is trite law that a successful litigant should not unnecessarily be hindered from enjoying the fruits of his judgment. SeeMachira T/A Machira & Co Advocates v East African Limited ( No 2) ( 2002) KLR 63

5. In view of the above holding, I am inclined to enter judgment in favor of the applicant as prayed.

DATED, SIGNED AND DELIVERED IN MOMBASA THIS 7TH DAY OF OCTOBER, 2022. .....................J.N.ONYIEGOJUDGE