Sherman Nyongesa & Mutubia Advocates v Eyden Capital Limited [2023] KEHC 24071 (KLR)

Sherman Nyongesa & Mutubia Advocates v Eyden Capital Limited (Miscellaneous Application 363 of 2016) [2023] KEHC 24071 (KLR) (24 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24071 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Application 363 of 2016

DKN Magare, J

October 24, 2023

Between

Sherman Nyongesa & Mutubia Advocates

Applicant

and

Eyden Capital Limited

Respondent

Ruling

1. The Applicant herein filed an Application dated 20th July 2023 substantially seeking that Judgement be entered for the Applicant against the Respondent in the sum of Kshs. 118,025/= being the sum taxed and certified by the Deputy Registrar on 20th July 2022 as due to the Applicant with interest thereon.

2. Be it as may the Court has already assessed costs at a specific figure, that is, Kshs. 118,025/=.

3. The Application is expressed to be brought under Section 51 (1) & (2) of the Advocates Act.

4. As a fact after filing of the Notice of Motion dated 20th July 2023, there does not appear to be active participation of the Respondent.

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

6. I am unable to resist the urge to allow the Application. The said Application dated 20th July 2023 is allowed.

Determinationa.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 25th February 2022 for Kshs. 118,025/=.b.Interest thereon effective 21st August 2023. It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 24TH DAY OF OCTOBER, 2023KIZITO MAGAREJUDGEIn the presence of:-No appearance or partiesCourt clerk- Brian