Samnakay v Thomas & another [2024] KEHC 4174 (KLR)

Samnakay v Thomas & another (Miscellaneous Cause E406 of 2022) [2024] KEHC 4174 (KLR) (Commercial and Tax) (19 April 2024) (Ruling)

Neutral citation: [2024] KEHC 4174 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts)

Commercial and Tax

Miscellaneous Cause E406 of 2022

A Mabeya, J

April 19, 2024

Between

Mohammed Samnakay

Applicant

and

Shammi Kanjira Prambil Thomas

1st Respondent

Spectsaver (K) Limited

2nd Respondent

Ruling

1. Before Court is a Motion on Notice dated 31/8/2023. It is brought under section 51(2) of the Advocates Act and Rule 7 of the Advocates Remuneration Order.

2. It seeks judgment for Kshs. 893,556/= for costs as certified by the deputy registrar on 11/7/2023.

3. The same was supported by the Affidavit of Zul Mohammed sworn on 31/8/2023. From the evidence on record, the bill of costs dated 19/5/2022 was taxed at Kshs. 893,556/= on 11/7/2023.

4. A certificate of taxation for the said amount was issued on 11/7/2023 under Section 52 of the Advocates Act. The said certificate has not been set aside or varied. Accordingly, the same is liable to be converted into a judgment of this Court.

5. In terms of Rule 7 of the Advocates Remuneration Order, the Advocate is entitled to interest on the said sum at 14% pa from 1/7/2022 until payment in full.

6. Accordingly, the application is allowed as prayed. The costs of the application is assessed at Kshs. 20,000/=.It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 19TH DAY OF APRIL, 2024. A. MABEYA, FCI Arb, EBSJUDGE