Menelik House Limited v Osodo

Menelik House Limited v Osodo (Environment & Land Case E003 of 2021) [2022] KEELC 15520 (KLR) (19 December 2022) (Ruling) Neutral citation: [2022] KEELC 15520 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE E003 OF 2021 J OMANGE, J DECEMBER 19, 2022 BETWEEN MENELIK HOUSE LIMITED ................................................................... PLAINTIFF AND FRANCIS ODUMBE OSODO ............................................................... DEFENDANT RULING 1. The Notice of Motion application dated July 15, 2022 brought under Section 3 A of the Civil Procedure Act, Section 48, 51 of the Advocates Act, and Order 51 of the Civil Procedure Rules seeks orders that the Certicate of Taxation dated February 16, 2022 be and is hereby adopted as a Judgement of the court. 2. The defendant advocate further seeks that the respondent be ordered to comply with the certicate of execution within 7 days and that the OCS Kilimani Police station supervise fullment of the order. 3. The advocates for the plainti opposed prayer 3,4 and 5 on the basis that that the orders sought should be raised before the Deputy Registrar. application is not opposed. The matter came up for directions on November 23, 2022 during which a Ruling date was given for today and parties given leave to le submissions. There are no submissions on record as at December 16, 2022. 4. A Certicate of Taxation was issued by the Deputy Registrar on February 16, 2022. Pursuant to the provisions of Section 51 of the Advocates Act, the defendant herein is entitled to Judgment for that amount. 5. The remaining prayers for execution of the court order should follow the normal execution process. 6. In the nal result, the application is allowed in the following terms:a. The certicate of taxation dated February 16, 2022 is hereby adopted as a judgement of the court. https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15520/eng@2022-12-19 1

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