Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates v Trident Insurance Company Limited [2024] KEHC 4950 (KLR)

Robinson Onyango Malombo t/a O.M Robinson & Co. Advocates v Trident Insurance Company Limited (Miscellaneous Application E006 of 2023) [2024] KEHC 4950 (KLR) (9 May 2024) (Ruling)

Neutral citation: [2024] KEHC 4950 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Application E006 of 2023

DKN Magare, J

May 9, 2024

Between

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

Applicant

and

Trident Insurance Company Limited

Respondent

Ruling

1. This is a Ruling over a Miscellaneous Application dated 1/11/2023.

2. The Applicant the Application substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs 129,195/= being the sum taxed and certified by the Deputy Registrar on 6th September 2023 as due to the Applicant with interest thereon.

3. The Application arose from the Advocate/Client Bill of Costs dated 24th May 2023.

4. Be it as may the Court has already assessed costs at a specific figure, that is, Kshs 129,195/=.

5. The Application is expressed to be brought under Section 51 (1) of the Advocates Act and Rule 51(2) of the Civil Procedure Rules. The said Section 51(2) of the Advocates Act provides thus:Pursuant to the provisions of Section 2 of the Advocates Act -“’Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.”

6. As a fact after filing of the Notice of Motion dated 1/11/2023, there does not appear to be active participation of the Respondent.

7. In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate (2006) eKLR it was held: -“Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit......

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

9. I am unable to resist the urge to allow the Application. The said Application dated 1st November 2023 is allowed.

Determination 10. 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 6th September 2023 for Kshs 129,195/=.b.Interest thereon is awarded effective 29/10/2023, 30 days from the date of issue of the certificate of costs.

DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 9TH DAY OF MAY, 2024. KIZITO MAGAREJUDGEIn the presence of:-Mr. Mohammed holding brief for MalomboCourt clerk- Brian