Siganga & Company Advocates v Nyanza Ginnery Company Ltd [2023] KEHC 25402 (KLR)

Siganga & Company Advocates v Nyanza Ginnery Company Ltd (Miscellaneous Application E043 of 2023) [2023] KEHC 25402 (KLR) (10 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25402 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Application E043 of 2023

RE Aburili, J

November 10, 2023

IN THE MATTER OF ADVOCATES ACT, CAP 16 (LAWS OF KENYA) AND IN THE MATTER OF TAXATION OF COSTS

Between

Siganga & Company Advocates

Claimant

and

Nyanza Ginnery Company Ltd

Respondent

Ruling

1. This matter is in a series of 4 others but in this case, the Respondent is different from the other Respondents in the other matters where the Applicant advocate is the same.

2. The Bill of Costs for the advocate against the client were taxed and a certificate of Taxation issued on 15th June 2023. No Reference has been filed challenging the taxation. The amount involved is Kshs.114,755 only.

3. I have considered the Notice of Motion dated 11th September 2023 under Section 51(2) of the Advocates Act and Rule 7 of the Advocate Remuneration Order.

4. As no reference has been filed, I enter Judgment for the Advocate in terms of the certificate of costs dated 15th June 2023 for the sum of Kshs.114,755 together with interest at 14% p.a from date of taxation until payment in full.

5. Decree to issue forthwith.

6. I make no orders as to further costs of the application dated 11th September 2023 to avoid this matter remaining litigated upon forever.

7. Mention on 11th December 2023 before the Deputy Registrar to confirm settlement.

8. The Applicant to serve decree upon the Respondent before the execution of the same and only after lapse of ten (10) days of service.

9. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE