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 RULING 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
Original judgment
Wasuna & Co. Advocates v Delphis Bank Ltd. & 1 other
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