WASUNA & CO. ADVOCATES v DELPHIS BANK LTD. & KASSIM BHARADIA [2009] KEHC 1341 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI COMMERCIAL COURTS)

Miscellaneous Case 1156 of 2006

WASUNA & CO.  ADVOCATES..................PLAINTIFF

VERSUS

DELPHIS BANK LTD. .....................1ST DEFENDANT

KASSIM BHARADIA ........................2ND DEFENDANT

R U L I N G

Application dated 25/4/2007 brought under Section 5 1 (2) Advocates Act paragraph 7 Remuneration Order, Cap.16 Laws of Kenya and Section 3 of Civil Procedure Act, Cap. 21.  The orders sought are:-

1.   That judgment be entered in the sum of Kshs.1,340,250/=;

2.   Costs.

The grounds upon which the application is made are set out and application is supported by affidavit of Francis Wasuna which shows the bill was taxed at Kshs.1,340,250/= and a certificate of taxation was issued.  That there is no appeal against the taxation.  There is no dispute as to retainer.

I have considered the arguments of counsel and authorities cited.  I am of the opinion that there is no reason why the applicant should be called to file a plaint to make claim which is certified and not disputed.  I allow the application and enter judgment for applicant as taxed in the sum of Kshs.1,430,250/= with interest and costs.

Orders accordingly.

DATED, SIGNED and DELIVERED at Nairobi this 6th day of October 2009.

JOYCE N. KHAMINWA

JUDGE