V Chokaa & Company Advocates v Roy Hauliers Limited [2025] KEELRC 554 (KLR)

V Chokaa & Company Advocates v Roy Hauliers Limited (Miscellaneous Application E233 of 2024) [2025] KEELRC 554 (KLR) (27 February 2025) (Ruling)

Neutral citation: [2025] KEELRC 554 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Miscellaneous Application E233 of 2024

S Radido, J

February 27, 2025

IN THE MATTER OF THE ADVOCATES ACT CAP 16 LAWS OF KENYA AND IN THE MATTER OF THE TAXATION OF COSTS BETWEEN ADVOCATE AND CLIENT AND IN THE MATTER OF NAIROBI MAGISTRATES ELRC NO E033 OF 2023

Between

V Chokaa & Company Advocates

Applicant

and

Roy Hauliers Limited

Respondent

Ruling

1. V. Chokaa & Co. Advocates (the advocate) caused its Advocate–Client Bill of Costs against Roy Hauliers Ltd (the Respondent) to be taxed on 30 September 2024.

2. On 17 October 2024, the advocate moved the Court through a Motion dated 17 October 2024 (and amended on 29 October 2024), seeking orders:i.That judgment be entered for the applicant as against the Respondent in the sum of Kshs 137,800/- in accordance with the Certificate of Taxation of costs filed with the Plaint.ii.That the Respondent to pay the applicant the said sum together with interest thereon at 14% per annum with effect from 8th August 2024 until payment in full.

3. The Motion was served upon the Respondent on 4 November 2024. Despite the service, the Respondent did not file a response to the Motion.

4. When the Motion came up on 19 November 2024, the parties were absent and the Court directed the Deputy Registrar to notify to appear for directions on 27 January 2025.

5. When the parties appeared in Court on 27 January 2025, the Court directed them to file and exchange submissions on the two applications.

6. The advocate filed his submissions on 20 January 2025. The Respondent's submissions were not on record by the agreed timeline.

7. The Court has considered the Motion, affidavit in support and submissions.

8. The advocate's Bill of Costs was taxed on 30 September 2024.

9. The Respondent has not filed a response in opposition to the Motion.

10. The Respondent has also not demonstrated that it has settled the taxed costs which arose out of professional legal services provided by the advocate. The advocate cannot execute without the adoption of the Certificate of Costs by the Court.

Orders 11. Considering that there is no opposition to the Motion, the Court orders:i.The Amended Motion dated 29 October 2024 is allowed on the terms:(a)That judgment is entered for the advocate against the Respondent in the sum of Kshs 45,285/-.(b)The Respondent to pay interest on the costs at 14% from the date of taxation.

12. The advocate to have costs of the Motion.

DELIVERED VIRTUALLY, DATED AND SIGNED IN NAIROBI ON THIS 27TH DAY OF FEBRUARY 2025. RADIDO STEPHEN, MCIARBJUDGEAppearancesFor Advocate V. Chokaa & Co. AdvocatesFor Respondent Waruiru Karuku & Mwangale AdvocatesCourt Assistant Wangu