Jamal Bake & Associates Advocates v Rimun Ventures Limited

Jamal Bake & Associates Advocates v Rimun Ventures Limited (Miscellaneous Application E163 of 2023) [2024] KEHC 16831 (KLR) (Commercial and Tax) (29 November 2024) (Ruling) Neutral citation: [2024] KEHC 16831 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX MISCELLANEOUS APPLICATION E163 OF 2023 BM MUSYOKI, J NOVEMBER 29, 2024 BETWEEN JAMAL BAKE & ASSOCIATES ADVOCATES ..................................... APPLICANT AND RIMUN VENTURES LIMITED ......................................................... RESPONDENT RULING 1. The application before this court which is the subject of this ruling is dated 19th February 2024. In it, the applicant which is a firm of advocates asks that this court enters judgment in its favour as against the respondent for a sum Kshs 1,804,232.02 being the value of certificate of taxation dated 1st March 2023. 2. This matter was commenced as a client/advocate’s bill of costs which was taxed by the Deputy Registrar on 8-12-2023. The respondent has not opposed the application and there has not been any challenge to the taxation either by way of reference or any other method. In the circumstances, I do not see any reason to deny the applicant the orders sought. 3. I consequently enter judgment for the applicant against the respondent for a sum of Kshs 1,804,231.02. This amount shall attract interest at court rates from the date of the certificate of costs until payment in full. The applicant has in its submissions asked this court for interest at 14% as provided for in paragraph 7 of the Advocates Remuneration Order, although the application prayed for interest at court rates. However, the applicant has not justified why the court should award rate of 14% and I decline to award it. 4. Costs of a suit or cause follows the event and I find that the applicant is entitled to the costs of this application. The costs of this cause are therefore awarded to the applicant which I assess at 5,000.00 DATED SIGNED AND DELIVERED AT NAIROBI THIS 29TH DAY OF NOVEMBER 2024. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16831/eng@2024-11-29 1

page 1 of 2