WACHIRA NDERITU, NGUGI & CO ADVOCATES V CITY COUNCIL OF NAIROBI [2012] KEHC 440 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

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Editorial Summary

1. Advocate/Client bill of costs

2. Civil application

3. Bill of costs/professional fees

4. Application to enter judgment as per certificate of taxation

5. Held:

Application granted.

6. Case Law:

7. Advocates:

i)E.N. Nderitu instructed by  M/s Wachira Nderitu, Ngugi & Co Advocates for applicant

ii)V.A. Oyangi instructed by M/s V.A. Oyangi & Co Advocates for respondent

WACHIRA NDERITU, NGUGI & CO ADVOCATES ……………. APPLICANT

VERSUS

CITY COUNCIL OF NAIROBI ..……………...........…...………  RESPONDENT

R U L I N G

I.INTRODUCTION

1. The applicant/advocate’s bill of costs for professional fees was taxed on the 2nd July 2012 between the said advocate and client. The deputy registrar duly issued a taxed certificate on 13th July 2012.

2. Whereas the respondent were requested to pay the said sum of Ksh. 868,768/-, they failed to do so.

3. The application herein prays that the court enters judgment as per the certificate of taxation duly issued by the deputy registrar.

IIPROCEDURE

4. On the day called out for hearing, the respondents were absent. They were served and the application was heard exparte under Order 12 r 2(a) Civil Procedure Rules.

IIIFINDINGS

5. I hereby find that a certificate by the deputy registrar was issued on the 13th July 2012.

6. That judgment be and is hereby entered in favour of the applicant together with interest at 9%, 30 days from the date of service of the costs.

7. That there was no set off claims in this proceedings.

8. That the costs to the applicant.

DATED THIS 16TH  DAY OF OCTOBER 2012 AT NAIROBI

M.A. ANG’AWA

JUDGE

Advocates:

i)E.N. Nderitu instructed by M/s Wachira Nderitu, Ngugi & Co Advocates for applicant

ii)V.A. Oyangi instructed by M/s V.A. Oyangi & Co Advocates for respondent