Wabwile t/a Wabwile & Co Advocates v Waweru [2023] KEELC 16027 (KLR)

Wabwile t/a Wabwile & Co Advocates v Waweru (Environment and Land Miscellaneous Application E18 of 2022) [2023] KEELC 16027 (KLR) (2 March 2023) (Ruling)

Neutral citation: [2023] KEELC 16027 (KLR)

Republic of Kenya

In the Environment and Land Court at Nakuru

Environment and Land Miscellaneous Application E18 of 2022

FM Njoroge, J

March 2, 2023

Between

Michael Wabwile t/a Wabwile & Co Advocates

Applicant

and

Dorothy Wanjiku Waweru

Respondent

Ruling

1. The Applicant filed a Notice of Motion dated November 29, 2022 seeking the following orders:1. … spent.2. That the court be pleased to order that the amount of Kenya Shillings Two million eight hundred and thirty-one thousand eight hundred and sixty-one and sixty cents (Kshs. 2,831,861. 60/=) only certified on the certificate of costs dated November 24, 2022 be adopted as judgment against the respondent.3. That the taxed costs do attract interest at court rates from the date of issuance of the certificate of taxation until payment in full.4. That a decree be issued in respect of the certificate of costs and that the applicant be at liberty to execute for recovery of the same in such manner as decree of this honourable court.5. That costs of this application be borne by the respondent.

2. Though the respondent filed as notice of appointment of advocate appointing Kimoriot Jemator & Co. as her advocates in the matter, no response to the application was filed and the same therefore is unopposed. The grounds upon which the application is brought are that the applicant’s bill of costs has been taxed and the applicant needs to proceed to execution.

3. I allow the notice of motion dated November 29, 2022 as prayed in prayers No. 2, 4 and 5 thereof only. Interest prayed for in prayer No 3 is denied as that is the preserve of the court that gave judgment in the matter. This file is hereby marked as closed.

It is so ordered.

Dated, signed anddelivered atNakuru via electronic mail on this 2ndday of March, 2023. MWANGI NJOROGEJUDGE, ELC, NAKURU**________________________________________________________________________________**NKR ELC M.A..E18/22-RLG–DF-2. 12. 23 /FH-.19. 1.23/LH-28. 2.23/DR-2. 3.23 Page 2 of 2