Mohammed Samnakay v Shammi Kanjira Prambil Thomas & 1 other

Samnakay v Thomas & another (Miscellaneous Cause E406 of 2022) [2024] KEHC 4174 (KLR) (Commercial and Tax) (19 April 2024) (Ruling) Neutral citation: [2024] KEHC 4174 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX MISCELLANEOUS CAUSE E406 OF 2022 A MABEYA, J APRIL 19, 2024 BETWEEN MOHAMMED SAMNAKAY ................................................................... APPLICANT AND SHAMMI KANJIRA PRAMBIL THOMAS ................................ 1ST RESPONDENT SPECTSAVER (K) LIMITED ....................................................... 2ND RESPONDENT RULING 1. Before Court is a Motion on Notice dated 31/8/2023. It is brought under section 51(2) of the Advocates Act and Rule 7 of the Advocates Remuneration Order. 2. It seeks judgment for Kshs. 893,556/= for costs as certified by the deputy registrar on 11/7/2023. 3. The same was supported by the Affidavit of Zul Mohammed sworn on 31/8/2023. From the evidence on record, the bill of costs dated 19/5/2022 was taxed at Kshs. 893,556/= on 11/7/2023. 4. A certificate of taxation for the said amount was issued on 11/7/2023 under Section 52 of the Advocates Act. The said certificate has not been set aside or varied. Accordingly, the same is liable to be converted into a judgment of this Court. 5. In terms of Rule 7 of the Advocates Remuneration Order, the Advocate is entitled to interest on the said sum at 14% pa from 1/7/2022 until payment in full. 6. Accordingly, the application is allowed as prayed. The costs of the application is assessed at Kshs. 20,000/=. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/4174/eng@2024-04-19 1

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