Munyithya, Mutugi , Umara & Muzna Co Advocates v Waweru & 2 others (Environment and Land Miscellaneous Application 12 of 2018) [2023] KEELC 18341 (KLR) (21 June 2023) (Ruling) Neutral citation: [2023] KEELC 18341 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MOMBASA ENVIRONMENT AND LAND MISCELLANEOUS APPLICATION 12 OF 2018 NA MATHEKA, J JUNE 21, 2023 BETWEEN MUNYITHYA, MUTUGI , UMARA & MUZNA CO ADVOCATES . APPLICANT AND BOARD OF GOVERNORS ........................................................... 1ST RESPONDENT ZEPHANIA GICHEHA WAWERU ............................................. 2ND RESPONDENT ST JOENS KINGS ACADEMY .................................................... 3RD RESPONDENT RULING 1 2 The Application is dated October 22, 2021 and is brought under Sections 1A, 1B and 3A of the Civil Procedure Act, Cap 21, Laws of Kenya, Section 51(2) of the Advocates Act seeking the following orders; 1. That this Honourable court do enter judgment on the Certicate of Taxation dated May 31, 2021 for an amount of Kshs 520,296.20. 2. That interest of 14% to accrue from the date of issue of Certicate of Taxation till payment in full. 3. That costs of this application be provided for. It is application is supported by the sworn adavit of Simon PM Mutugi and based on the following grounds that the Applicants herein led their Advocate-Client Bill of Costs dated January 26, 2016 emanating from the Respondents’ instructions to institute a suit against Saha Ahmed and Samuel Bisase for trespass. That the Respondents herein were served with the requisite Notice of Taxation and the Bill of costs was taxed inter-parties. That the Bill of costs was taxed at Kshs 520,296.20 and a Certicate of Taxation was issued on the May 31, 2021.That the Respondents have not lodged any objection to the taxation and there is no indication of any reference being led relating to the same. That the Certicate of costs has not been altered, set aside or varied since issued. That the Applicants https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18341/eng@2023-06-21 1
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are unable to proceed with the execution process so as to recover the amount as there is no decree. That this application is made in the best interest of justice. 3 This court has considered the application and the supporting adavit. The same was served but the Respondent failed to attend court or le any response. There no reference has been led against the Taxation. I nd the same is unopposed. I nd the application is merited and I grant it as prayed. 4 It is so ordered. DELIVERED, DATED AND SIGNED AT MOMBASA THIS 21ST JUNE 2023. N.A. MATHEKA JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18341/eng@2023-06-21 2
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