Hms Advocate Llp v Alena Finance & 1 other

HMS Advocate LLP v Alena Finance & another (Commercial Miscellaneous Application E1180 of 2020) [2023] KEHC 1566 (KLR) (Commercial and Tax) (16 February 2023) (Ruling) Neutral citation: [2023] KEHC 1566 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX COMMERCIAL MISCELLANEOUS APPLICATION E1180 OF 2020 DO CHEPKWONY, J FEBRUARY 16, 2023 BETWEEN HMS ADVOCATE LLP ............................................................................. ADVOCATE AND ALENA FINANCE ...................................................................................... 1ST CLIENT FRANK HAMMERE ................................................................................. 2ND CLIENT RULING 1. The matter is for mention for parties to take directions on the Advocate’s Notice of Motion application dated December 8, 2022 neither the Advocate not their counsel are in attendance. They have also not sent any representative to explain their absence. 2. However, counsel for the Client who is in attendance, M/S Wanjeri has stated that they are not opposed to the application. 3. Notwithstanding the absence of the Advocates and or their counsel, there being no objection to the application, I invoke the provisions of Sections 1A, 1B and 3A of the Civil Procedure Act and Article 159(2((b) of the Constitution and allow the Notice of Motion application dated December 8, 2022 in the following terms:a. The Certificate of costs in respect of the Taxation Order made on July 27, 2021 for Kshs 2,283,702.44 be and is hereby adopted as a Judgment and Decree of this court together with interest at 14% per annum from the date of filing the Bill of Taxation till payment in full b. Costs of the application to be awarded to the Advocate/Applicant It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/1566/eng@2023-02-16 1

page 1 of 2