Kinyua & Maingi Advocates v Trident Insurance Company Limited

Kinyua & Maingi Advocates v Trident Insurance Company Limited (Miscellaneous Application E055 of 2023) [2024] KEHC 10312 (KLR) (31 July 2024) (Ruling) Neutral citation: [2024] KEHC 10312 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI MISCELLANEOUS APPLICATION E055 OF 2023 GMA DULU, J JULY 31, 2024 BETWEEN KINYUA & MAINGI ADVOCATES ...................................................... APPLICANT AND TRIDENT INSURANCE COMPANY LIMITED ............................ RESPONDENT RULING 1. Before me is an application by way of Notice of Motion dated 16th November 2023 filed under Section 51(2) of the Advocates Act (Cap.16) by the applicant/advocate and seeks the following orders:1. That judgment be entered in favour of the applicant against the respondent for the sum of Kenya Shillings Two Hundred and Sixty Seven Thousand, Five Hundred and Ninety Five (Kshs. 267,595/=) only being the certified costs due to the applicant as against the respondent. 2. That the respondent does pay to the applicant the costs of this application together with interest on the taxed sum. 2. The application has grounds on the face of the Notice of Motion and was filed with a supporting affidavit sworn by Njoki Kinyua Advocate on 16th November 2023 in which it was deponed that the applicant were the instructed advocates who acted for the respondent herein in Voi CMCC No. E105 of 2022 – Moses Mutahi Githinji =Vs= Mohammed Ali the respondent having failed to pay advocates fees, the Bill of Costs was taxed. Annexed to the affidavit is a ruling and reasons for taxation, as well as a Certificate of Taxation. 3. The application, though served, the respondent neither entered appearance, nor responded to the same. 4. The application not being opposed, I have no reason not to allow the same. 5. I thus allow the application and grant all the prayers sought. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10312/eng@2024-07-31 1

page 1 of 2